The Wander Co.

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

IN THE MA'IR OF THE W A DER CO.

COMPLAINT, FINDINGS, AND ORDERS I REGARD TO 'THE ALLEGED VIOLA' ION OF SEC. 5 OF AK ACT or.' CO:\GImSS APPROVED SEPT. 26, 1914 Docket 5316. Cmn.plaint, May 11, 1945-Dec.ision, Aug. , 1951 'Vhile a significant plc,alence of undernutrition among the people of the United States has been reported in offcial United States Government publications in the past, the statement that three out of four are undernourished is not justified, the facts being that the present extent of such undernutrition is indeterminate, and that the present state of knowledge of nutrition does no permit an accurate statistical statement of the specific percentage of people in the '-Cnited States who are undernourished. Where a corporation engaged in the interstate sale and distribution of its Ovaltine" food preparation; through advertisements in newspapers, periodicals, radio broadcasts, and in other ways, directly and by implication- (a) Falsely represented that the consumption of Ovaltine would reduce the emptying time of the stomach after a starchy meal and thereby induce the return of hunger more quickly;

(b) Represented falsely that its consumption would increase weight, correct nervous conditions, preserve and assure strength and health and stimulate appetite;

(0) Represented that people who were umler par, run-down, thin, tired, underweight, or lacking in energy or strength suffered such conditions because of vitimin and mineral deficiencies, which could be corrected and eliminated by the use of Ovaltine; and that consumption thereof would signifcantly aid in the correction and prevention of subnutritional states caused by vitamin or mineral deficiency;

lhe facts bdng that such symptoms are not alwa;ys or generally caused by mineral or ,itamil1 deficiency; when so caused said preparation would not constitute an adequate treatment therefor except in the milder forms, in which continued use over a long period of time might be of benefit; and in severe cases of deficiency, such as bed beri, pellagra, anl! scurvy, the vitamin and mineral content thereof was insuffcient to produce any beneficial effect; (d) Represented that the use of Oval tine as directed would correct iron deficiency anemia and its symptoms; and that loss of appetite was due to lack of "vitamin El. \which Ovaltine supplied in suffcient quantities to correct. The facts being that \vhile consumption thereof in the quantities recommended might preyent, it would not: cure iron deficiency anemia or its symptoms; and while it would supply slightly more than the minimum daily requirement of "vitamin B), loss of appetitEc'-while it llay resnJt from a lack of slich vitamin-is more frequently caused hy ilnesses which have no relation with such a deficiency;

deficient (e) Represented that three out of four people in this country are so in vitamins and minerals that they have developed symptoms of fatigue under par, underweight, and nervousness;

otwithstanding the fact that the present state of knowledge of sllch matters did not permit an accurate statistical statement with regard thereto; (p) 168 FEDERAL TRADE COJ\IMISSION DECISIONS Comvlaint 48 F. T. C. (1) Hepresented t1Jat Ovaltine aided in dige:,ting milk and 5tnrchy foods and that it contained n variety and scupe of food f'1ements nut to be found in any other food product ;

The facts being that. its use in eonjul1ction with milk as directed would not aid in such digestion exc('pt to the extent t.1wt it might sene to speed digestion of snell foods; and there were other food product!' 011 the market \which contained the same variety of nutriments;

Hepl'csented that use thereof ,"ould enable one to successfully fight off colds and sore thraa t, and '17ou1d assure good eyesight; The facts being that it had no value as a treatment for 01' preventive of colds or sore throat; and no effect upon one s eyesight in the daytime or iUllrtincial light; though, cOllsnme(l over a prolonged period of time, it might prevent night blindness resulting from vitamin A deficiency, OL :;en-e to avon a narrowing of the field of vision resulting therefrom; (h) Represented that health and well-being required vitamins and minerals in addition to the supply thereof contained in 11 \vell-balanceu diet, and that nightly consumption of Ovaltine wonld enable one to wake up in mornin feeling fresh, vigorous, and buoyant;

rhe facts 11eing that a well-balanced diet provides a person with all the vitamins and minerals required for his physical weU-being, and the addition of Ovaltine to such a diet would ha,e no effect whatever upon the consumer s health; and while its use might be beneficial before retlring in producing sound sleep, it would not assure ODe of waking up in the morning feeling fresh and lmoyant; and (i) Represented falsely that t\VO g-lasses of Oyaltine daily added to three average good meals ,vould assure excellent health, and that it could be depended upon to assist in providing extra endurance, strength, stamina and energy, would huild muscles, and constitute an all-round strengthening food: , were a11Held That such acts and practices, under the circumstances set forth 7 of the public, and constituted unfair and to the prejudice and injnr deceptive acts and practices in commerce.

Before lih' , Abner E. LipscO'nb trial examiner. july. R. P. Bellinger for the Commission. lifr. 1801c 1V. Dig.qe8 of New York City, for respondent. lPLAIXT Pursuant to the provisions of the. Federal Trade Commission ..\.ct a.nd bv virt.ue of the. authoritv ycsted in it. bv said act, the. Federal Trade" Commission having 1'l'll:9on to believe tllat The \Vancler Co., a corporatjon, hereinafter referred to as re polldent, 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 a.s hereby issues its complaint stating its charges in that respect follows:

PARAGRAPH 1. Respondent, The 'Vander Co. , is a corporation organized, existing, and doing business under and by virtue of the Jaws of the State of Dela,mre, with its principal offce and head- THE WANDER CO. 169 167 Complaint quartpTs locat.ed at. ;360 :North.h .Michigan Ayenlle, in the it.y of Chi ago Ill., and a factory in Vin" Park, Ill.

PAR. 2. This respondent is now, and for several years last past has been, engaged in the sale and distribution in commerce among and between the various States of the United States and in the District of. Columbia, of a food preparation designed to be consumed as a beverage and designated as Ovaltine.

ResJ)Ondent causes the. aforesaid preparation Ovaltine when sold to be transported from OIle or the other of its said places of business in the State of Illinois to the purchasers thereof in various other States of t.he L:nit.ed St.at.es and in the District of Columbia. Respondent maintains, and at ul1 times mentioned herein has maintained, a COllrse of trade. in its aforesaid preparation in commerce between and among the yarious SCates of the -cnite.d States and in the District. of Colnmbi".

PAR. a. III :frntherance of the t:ale and c1islribu6on of its aforesaid preparation Ovaltillc the respondent has disseminated and is now disseminating, and haseansed' and is now causing the dissernination , false fLdyertisl'1lents concerning its sa.id product by the United States 1:nails and by various 01 her lneans in comme.rce, as ' commerce is defined in the Federal Trade Commis ion .Act; and respondent has also disseminated and is now disseminating, and has caused and is now c,ctusing the dissemination of, false advertisements fol' the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of it said product in commerce, ns "commerce" is defined in the Federal Trade Commission Act.

Among, and typieal of, the false and misleading statements and representations contained in said false advertisements disseminated and caused to be disseminated as hereinabove set forth, by the Unit.ed States mails, by insertions in newspapers, magazines, and other periodicals, by IneallS of leaflets, pamphlets, and circulars, and by radio l'ontinnities, arc the following:

. . . These X-Rays show bvo stomachs 2 hours after a starchy meat notice that one stomach is nearly empty due to the way OVALTINE is lJelping to digest the starch, WHEX A CHILD' S STOMACH FDIPTIES SOO:'EH, HUN- GER CA:' RET1 RN QUICKER.

NgW DIPROVED Ovaltine FOU HE CHILD WHO IS THINK, XERVOUS OR UXDERWEIGTIT . . . it gives children an extra supply of food elements they ye got to have to keep really strong and healthy and have good appetites. . , . The way he s polishing off those vegetaules ..u rl ne,er believe what struggles we used to have trying to make him eat. Q,altine has always been the source ofthe precious .vitamins A, H, D and G and the minerals calcium, phosphorus and iron. . . . . . if your child tends to be thin or under par-we urge you to start giving him new, enriched Ovaltine.

, 170 FEDERAL TRAD.E COMMISSION DECISIONS Complaint 48F, T. C.

. . . Ovaltine contains Vitamin B, without which good appetite cannot exist. It also aids in the digestion of starchy foods and makes milk more digestible. . . . Ovaltine should never be confused with preparations which serve as mere flavoring for milk. It is a scientific food concentrate containing a variety and scope of food elements not found in any other single food product in the entire world, so far as we know.

. . . When a child is tired, Ovaltine provides quick-acting energy in a form that gets into the blood stream rapidly.

SPRINGTIME AGAlrfor Susan She was fagged and under par, looking old before her time. . RUNDOWN, THIN or EXHAUSTED If so, don t fail to try new improved Ovaltine. If you seem to be aging too rapitlly If your freshness ami sparkle seem to be steadily slipping away liere s important l1e\vs . . . you may be suffering from a shortage of Vitamin A that' s needed for resistance to disease. Or from a lack of Vitamin B that's so essential for healthy 11(,1',es. Or a lack of iron may be impoverishing the blood, making yon listless, pale and weak. . . . When you feel exhausted and fagged out, it may be becallse YOIl are temporarily short on certain food elements needed to keep the blood sugar reserves at a proper Ie,el. This is a common cause of tiredness and fatigue. . . . Ovaltine is high in nutritve ,value . . . clinical tests show it increases the energy:y fuel in the blood in as little as 15 minutes thus helping to ward off attacks of fatigue.

, if you tire easily if you feel ncnously fagged and rundown try taking the nc\'., improved Ovaltine three times a day, incluuil1g a cup at bedtime as an aid to restful sleep and to rebuild vitality, while you sleep. DOK' T Y\TORRY AROU ' IRO;\ itl10ut iron, you can t have good red blood. Ovaltine supplies all the extra iron you need in the way you can use it.

DON' 'l' WORRY About VITAMIN A . . . You need it to fight off colds, for good eyesight. With Oval tine you get all the extra A" you need.

DON' T WORRY About VITA1II;\ n, Yon eat poorly and you re tired, listless, nervous low if yon don t get enough B,. 'l' he Ovaltine way YOIl get plenty! Government authorities say today that B ont of 4 people are under' par submarginal nenous, underweight, easily fatigued even well-fed people-because they don t get enough vitamins and minerals Result, milions of people taking pils! . Thousands of tired, nenous people and thin, underweight children have shown remarkable improvement in health when Ovaltine is added to theil' regular meals . .

THE WANDER CO. 171 167 Complaint WARNII\G Authorities say you can t completely trust good meals to supply all the vitamins and minerals you need for good health-even with careful meal-planning. :Many children eat poorly because they don t get enough of the appetite Vitamin -which Ovaltine supplies.

With a glass of Oval tine added to each meal you don t have to worry-your cbild' s practicnlly certain to get all of these food elements be needs for hearty appetite, sturdy growth, sound nerves for vigorous, glowing health. . . . Results arc often so remarkable when Ovaltine is added to the daily diet of those who are thin, nervously exhausted, under par or who are lacking in energy. . . Ovaltine . . . often produces such surprising changes in growing children who can t seem to buil up naturally and lack normal appetite. Vitamin A is essential to maintain resistance against infections. If you don get enough of it, you become much more susceptible to sore throats and colds. When you don t get enough iron )' OU become pale and listless and tire easily. V?hen there has been a shortage of iron in the diet, an additional supply usually bas a Tery noticeable "tonic effect." Healthy color returns to the face-and the fecling of listlessness is rapidly diRpelled. Ovaltne not only furnishes a rich suppl:v of available iron. but also contains an important companion mineral that provides the "!Jooster action" needcu for complete utilzation of iron. Remarkable resnHs have been reported, especially in the case of children who were thin-or nervous and underweight. . .. One mother reports that her child gained 5 Ibs. in tive weel,s after she started giving her O"altine. Another motJwl' reports a 6 lb. gain in seven weeks. And still another mother writes that bel' son put on 12 Ibs. in only six \veeks' time. ew impl'oTed Ontltine . . . can make a significant contribution. . . in the correction as well as the prevention of snbnntritional states. If you drink just two glasses of Oyaltne, a day, and add three average good meals, incluuing fruit juice, you wil be getting all the extra vitamins and minerals any normal person needs for tip-top health! So if you re doing a job thats vital to victory-if you re working hard, and \vant to keep all working, feelin right up to yonI' best in vigor and vitality, why not try this modern Ovaltine way of getting all the extra vitamins and minerals :vou need? Well, folks, this is war! And whatever your part may be you re probably working harder at it than yon hate ever worked before. 'Vhether 'OU are in business. on the fnrm or in a war plant. . . whether you are \vearing a uni. form, running a \\'ar-time home or going to school-whatever you are doing, you are undoubtedly feeling-as we all are-the added pressure of war-time living! To withstand this pressure. . . we must have the foods that give us energy, staying power and also the important vitamins and minerals 80 very essential to good health. Now isn t it good to know that 'ou ean rely on Ovaltine as an aid to extra endurance for these strenuous times! Extra strength for your harder war-time work-added stamina to keep you at your h st for your job! Thousands today in important jobs are finding Ovaltine helps to carry them fatiguethrongh the dayOval andtine getis amorehighlyworknourishing,done! Givesall-aroundthem extrastrengtheningenergy tofood.ward. off. . Ova1t.i11C is not only rich in quick-acting food energy-but also provides important protein for mnscle building.

PAR. 4. Through the use of the statements and representations hC'Tcinf1bove set forth, a.nd others of the same import but not spe. 172 FEDERAL TRADE COMMISSION DECISIOXS Complaint 48 F. T. C. tically set out herein, respondent represents and has represented directly and by implication, that the consumption of Ovaltine wil reduce the emptying time of the stomach after a normal meal and thereby induce, hunger more quickly; that the consumption of Oval- 6nc win incl'e038 ,,'eight, correct nervous conditions, preserve and assure strength and health, and stimulate one s appetite; that persons who are under par, run-down, thin, weak: exhausted pale, listless tired, fatigued, nerVOllS, underweight and lacking in e,ncrgy, suffer such symptoms and conditions because of vitamin and mineral deficiencies which can be corrected by the use of Ovaltine, thus eliminating the said symptoms and conditions; that the use of 0"a1tin8, as (Erected will correct iron deficiency anemia and its resnltant symptoms; that the loss of appetite is dne to a lack of vitamin Eo, which Ovaltine supplies in suffcient quantities to correct; that three ant of four people in this country are so defieient in vita-mins and minerals that they have developed symptoms of fatigue, tmder par, underweight, and nervousness; that Ovaltine Rids in digesting milk and starchy foods; that Ovaltinc contains a variety and scope of food elements not to be found in any other fooe! product; that the use of Ovaltine, wil enable one to successfully fight off c.olds and sore throat and will assure good eyesight; that human health and \Yell-being require vitamins and minerals in addition to the supply thereof obtained in a \ve.l-balanced dict; that the nightly consumption of Ovaltine win enable one to wake lip in the morning feeJing fresh, vit, vigorous, a.nd buoyant; that the consumption of Ovaltine will significantly aid in the correction and prevention of sllbnutritional state.s c n1secl by vitamin or mineral deficiency; that two glasses of Oval tine daily added to three average good meals, including fruit juices, will assure excellent health, and Ovaltine can be depended upon to assist in providing extra endurancp. strength, stamina, and energy, will build muscles, and constitutes an all-round strengthening food.

PAR. 5. The aforesaid statements and representat.ions are grossly exaggerated, false, deceptive, and misleading. The consumption of Ovaltine will not rednce the emptying time of the stomach after a normal meal, and win neither indllce nor a.ic1 in inducing Inmger more quickly; it ,dB not increase weight; it \\'i11 not correct or improve nervous conditions; it will not preserve and aS2ure strength and health; it will not stimulate one s appetite. listless Persons under par, run-down, thin, we.nk, exhausted, pale, tired, fatigued, nervous, underweight, and lacking in energy, do not usually develop such symptoms and conditions because of vita,min and mineral defieiencies, but such conditions and symptoms most frequently occur as a result of some disease which bears no relationship THE 'VA:,'WER CO. 173 167 Complaint \vhatc'i/cr to vitamin or mineral deficiency, and which can not be corrected or relieved by the administration of vitamins and minerals in any dosages. 110remove1', the amounts of vitamins and minerals provided in Ovaltine, t.taken as directed, are insuffcient to correct or relieve deficiencies and their attendant symptoms and conditions. Ovaltine taken as directed, will not correct iron deficiency anemia and its resultant symptoms, and will provide only the minimum daily nntritional requirement of iron, which is only a very small fraction of the quantity of iron necessary to correct iron deficiency a.nemia or to have a " tonic effect" in such cases.

Although vitamin Bl deficiency may be the cause of a poor appetite nevertheless: loss of appetite is a manifestation of a wiele variety of eases and other conditions which are in no way related to vitamin , deficiency and which cannot be corrected by the administration of vitamin Bl in any amounts. Furthermore, the amount of vitamin , furnished by the recommended daily intake of Ovaltine is not sufficient to correct any of the symptoms of vitamin B, deficiency, including loss of appetite.

Three out of four people in this country have not developed symptoms such as fatigue, under par, underweight, and nervousness, as a l'PSlllt of vitamin or mineral deficiencies, nor has any other large pro. portion of our population.

Chronic conditions of underweight do not usually arise from mere failure to ingest suffcient calories, but arc usually a manifestation of SOInB long-standing conditions ,,,which cannot be remedied by the administration of Ovaltine or the food products conhtined therein; and even in the relatively few cases of illc1ivic1uals who are underweight because of failure to ingest enough calories, the addition of Ovaltine to the diet would not enable t.hem to gain weight at any predeterminable rate.

Ovaltine does not aid in digesting milk, which is digested practically in toto on the normal schedule provided by nature in the gastrointestinal tract, regardless of whether or not. Ovaltine is added. Digestion of starches is not one of the primary functions of the stomach; there are comparntively few individuals who do not experience an entirely adequate and orderly digestion of starches, and any assistance which the ingestion of Ovaltine may render :in digesting stnrehcs is of little or no practical value.

There are other manufactured food products on the market contain. ing a11 of the nutrients found in Ovaltine. The use of Ovaltine will not enable one to suceessfu11y fight off colds and sore throat, and the consumption of Ovaltine, either by reason of its vitamin A content, or otherwise, wi1 not prevent the incidence of or shorten the duration of Complaint 48F. T. C.

the common cold or accompanying sore throat. Although one of the characteristic effects of vitamin A deficiency is a visual impairment under dim lighting or twilight conditions, yet no such impairment is suffered under ordinary lighting conditions, and the administration of Oval tine will not assure good eyesight nor improve the eyesight in the customary usage of that word. I-Iuman health and well-being do not require vitamins and minerals in addition to the supply thereot obtained in a well-balanced diet; on the other hand, the selection and consumption of ordinary foodstuffs will assure an adequate nutritional intake of vitamins and minerals for the promotion and maintenance of health; in addition, there are numerous causes of lack of vigor and health which have nothing to do with nutrition and the food ingredients of Ovaltine.

The nightly consumption of Oval tine ,, ill not enable one to wake , vital, yigorol1s, and buoyant, butup in the morning feeling fresh might serve to induce sleep in some people, just as hot milk might , and if such consumers awaken refreshed, it is not the result of any specific effect the Ovaltine Illay have had on the digestive processes, or on any other function of the body, but \vould be due solely to a good night's rest. Oval tine, taken as directed, does not provide enough vitamins or minerals to correct subnutritional states resulting from vitamin or Inineral deficiencies. T\yo glasses of Ovaltine daily, or any amount, added to three average good meals: including fruit juice, , will not assure excellent health, and Ovaltine, imbibed as directed, will not assist in providing extra enc1unmce, strength, stamina and energy; it will not build muscles, and it is not an an-round strengthening food. It win not serve to increase one s physical strength, nor will it increase one s energy reserve in the sense of increasing his capacity for physical exertion or in any other manner which could not equally as well be fulfiled by any food substance of equivalent caloric value.

PAR. o. The use by respondent of the aforesaid false, deceptive and misleading statements and representations, and others similar in import and meaning not specifically set forth herein, has had and now has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous ttnd mistaken belief that such statements and respresentations are true, and because of such erroneous and mistaken belief to purchase substttnt1al qnantities of respondent's said preparation.

PAR. 7. The aforesaid acts and practices of respondent as herein aJ1eged, are aJ! 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. THE WANDER CO. 175 167 Findings DECISION OF 'THE COMMISSION Pursuant to Rule XXII of the Commission s rules of practice and as set forth in the Commission s "Decision of the Commission and Order to File Report of Compliance " dated August 16, 1951 the indian decision in the instant matter of trial examiner Abner E. Lipscomb, as set out as follows, became on that date the decision of the Commission.

INITIAL DECISION BY ABKER E. LIPSCOMB, TRLU-, EXAMINER Pursuant to the provisions of the Federal Trade Commission Act the Federal Trade Commission on :May 11 , 1945 , issued and subsequently served its complaint in this proceeding upon respondent, The \Vander Co., a corporation, charging it ''with the use of unfair or deceptive acts or practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondent' s answer thereto, hearings were held at which testimony and other evidence in support of and in opposition to the allegations of said complaint were introduced before the above-named trial examiner theretofore duly designated by the Commission, and said testimony and other evidence were duly recorded and filed in the offce of the Commission. Thereafter, the proceeding regularly came on for final consideration by said trial examiner on the complaint the answer thereto, testimony and other evidence, proposed findings as to the facts and conclusions presented by counsel, oral argument not having been requested, and a proposed order to cease and desist having been agreed to by counsel, with the proviso that if it were not acceptable to the trial examiner or to the Commission, the proceeding would be placed in status quo and hearings resumed. The said trial examiner, having duly considered the record herein, finds that this proceeding is in the interest of the public and makes the following findings as to the facts, conclusion drawn therefrom, and order: FINDINGS AS 'TO THE FACTS PARAGRAPH 1. Respondend, The \Vaneler Co., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Delaware, with its principal offce and headquarters Jocated at 360 :\orth ::fichigan Avenue, Chicago, Ill., and a factory in ViIa Park, Ill.

PAR. 2. The respondent is now, and for several years last past has been, engaged in the sale and distribution in commerce, among and between the various States of the United States and in the District of Columbia, of a food preparation desjgned to he consllmed as a beverage, and desiglultecl as "Ovaltine.

213840-54- _______ _ _____._ _..__.._._.._._... ___ , I!' indings 4S F. T. C.

PAR. 3. Respondent's said product, Ovaltine, is a homogeneous food supplement processed from barley malt, whole milk, defatted milk soya flour, whole eggs, selected cocoa, vitamin A, vitamin Bl (thiamine), vitamin C, vitamin riboflavin (vitamin G), niacin and calcium, phosphorus, r(;adily available iron, salt, and artificial flavoring.

The nutritional content of nine heaping teaspoonfuls, or lV2 ounces of Oval tine, which is thr amount recommended to be ta"ken per day, in approximately three E-ounce glasses of milk, is a.approximately as follows:

Calories- -- 636. Protein______- ._--_n ---_. 31. 0 gi. Carbohydrate__ - 61. 9 gil. Fal_____ - 2D. 3 gm. Calcium______-- ---- 1 08R mgm. I'hosphorus_ 803 mgm. Iron____--_ ------ 13. 3 mgm. Vitamin A . 3 794 international units. Thiamine--------- . 1. 38 mgm. Riboilayin------_---- - 2. on llgm. Vitamin C-- ---- 43. 0 mgm. Vitamin D_____ 412 international units. Niacin_ --- 8. 13 wgm. The amount of these:;lutritional factors which Ovaltine supplies per day to the total combination are:

Calories__ - 1G8. Protein ----. 7. 2 gm. Carbohydrate_-__ -------- 28. 6 gm. Fat____ -------- 2. 8 gI. Calciuil_ 289 mgil. Phosphorus____ 260 llgm. Iron-------- --- 12. 9 mgm. Vitamin A_____ . 2 714 international units. Thiamine___ ---_. 1. 14 mgm. Riboflavin ---- 0. 89 mgm. Vitamin C- ---- 34 mgm.

Vitamin D---- 400 international units. Niacin____ ------ 7. 38 mgrn. The minimum daily requirements of the pertinent nutrients abovementioned ate as follows, Adult Cbild Infant Vitamin A_ --_HH_ 000 units 000 units 500 units Vitamins 400,1;nts 4()() uuits 40Uu:litsVitamin Bl-- LOmg. O. 5--. 75 mg. 25I:g. Vitarnin C-- Wmg. 20 mg. 10 mg. Hibofiavin-- 0mg. 5mg. Ca1ciuII 150mI'. 750 mg. hospborus__- 750 mg. 'jOmg. Irou____-_. __'H' 10 mg. 5-10 mg. THE WANDER CO. 177 167 Findings The term "minimum daily requirement" means a figure suffcient in quantity to supply enough of the respective vitamins or minerals to prevent any deficiency, and to provide some measure of safety, but which is not adequate in undertaking to treat a deficiency. Directions for ll ing Oval tine, as shown on the label, are as follows: Hot Oval tine-stir 3 beaping teaspoonfuls of Ovaltinc into a cup of hot (not boiled) milk. Add sugar to taste. As a bedtime drink, use 3 01' more heaping teaspoonfuls. Colli Ovaltinc-add 3 or more heaping teaspoonfuls of Ovaltine to a glass of ice-cold mile. Add sugar to taste. Shake ill a shaker or covered jar or use a mixer.

PAH 4. Respondent causes its said food preparation, Oval tine, when sold, to be transported from its place of business in the State of illinois to purchasers thereof located in various other States of the United States and in the District of Columbia, and maintains, and at all times mentioned herein has maintained, a course of trade in its saiel food preparation, Ovaltine, in commerce bet-ween and among the various States of the United States and in the District of Columbia. PAR. 5. In the course and conduct of its business, the respondent has been and is responsible for the dissemination, by the United States rnails, by insertions in newspapers, magazines, and other periodicals having national circulation, by radio broadcasts, and by various other means in commerce, as "commerce" is defined in the Federal Trade Commission Act, of many advertisements concerning its food preparation, Ovaltine, for the purpose of inducing, and which are likely:y to induce, directly or indirectly, the purchase of such food preparation in commerce, which advertisements represent or have represented directly and by imp1imtion, that:

1. The consumption of Oval tine will reduce the emptying time of the stomach after a sta.rchy meal, and t.hereby induce the return of hunger more quickly;

2. The consumption of Ovaltine will increase weight, correct nervous conditions, preserve and assure strength and health, and stimulate one s appetite;

3. People who are under par, run-c1mn1, thin, weak, exhausted, pale 1istless, tired, fatigued, nervous, unuerweight or lacking in energy or strength, suffer such symptoms and conditions because or vitamin and mineral deficiences which can be corre( teu by the use of Ovaltine thus eliminating such symptoms and conditions; 4. The use of Ovaltine, as directed, will correct iron deficiency - anemia and its resultant symptoms;

5. The loss of appetite is due to a lack of vitamin B" which11 Ovaltine supplies in suffcient quantities to correct; 178 FEDERAL 'J'TRADE COMMISSION DECISIONS Findings 48 F. T. C.

6. Three out of four people in this country are so deficient in vitamins and minerals that they have developed symptoms of fatigue under par, underweight, and nervousness;

7. Ovaltine aids in digesting milk and starchy foods; 8. Ovaltine contains a variety and scope of food elements not to be found iD any other food product;

9. The use of Ovaltine wiJ enable one to successful1ly fight off colds and sore throat, and will assure good eyesight; 10. Human health and well-being require vitamins and minerals in addition to the supply thereof obtained in well-balanced diet; 11. The nightly consumption of Ovaltine will enable one to wake up in the morning feeling fresh, vital, vigorous, and buoyant; 12. The cODsmnption of Ovaltine wiJ significantly aid in the correction and preventio:1 of subnutritional states caused by vitamin or mincral deficiency;

13. Two glasses of 0 valtine daily added to three average good meals, including fruit juices, wiJ assure excellent health; 14. Ovaltine can be depended upon to assist in providing extra endurance, strength, stamina, and energy, will build muscles, and constitutes an all-round E.trengthening food. PAR. 6. The statements and representations disseminated and caused to be disseminated by the respondent, as set forth in paragraph 5 a bove, arc exaggerated, hlse, and misleading. In truth and in fact, the consumption of Ovaltine wii not reduce the emptying time of thb stomach after a starchy meal, and wiJ not thereby induce the return of hunger more quickly. Symptoms such as being under par, run-down, thin, weak exhausted, pale, listless; tired, fatigued, nervous, underweight, or le.cking in energy or strength are not always caused by mineral or vitamin deficiencies, although such deficiencies ma,y contribute therew. 'V11en such symptoms are caused by vitamin or mineral deficiencies Ovaltine \vill not constitute an adequate treatment therefor because. the vitamin and minera content of said product is insuffcient for an effective dosage, except in the milder forms of vitamin and mineral deficiency, wherein the continued use of Ovaltine over a long period of time may be of benefit. In severe cases of vitamin and mineral deficiency, such as beri- :Jeri, pellagra and scurvy, the vitamin and mineral content of Oval;jne is insuffcient to produce any significant beneDcial effect.

The consllmption of C1vaJtine in the quantities recommended may prevent, but will not cure, iron deficiency anemia or its resulting symptoms. Although Ovaltim wiJ supply slightly more than the minimum daily requirement of vitamin BJ: loss of appetite, while it may result THE. WA."\DER CO. 179 167 Conclusion from a lack of this vitamin, is more frequently caused by maDY diseases and illnesses, both mild and severe, which have DO relationship with a vitamin B, deficiency.

Although a significant prevalence of undernutrition among the people of the United States has been reported in offcial United States Government publications in the past, such undernutrition as has existed has not justified the statement that three out of four, or 75 percent, of the pcople of the United States are undernourished. The present extent of such undernutrition is indeterminate, and the present state of knowledge of nutrition does not permit an accurate statistical statement of the specific percentage of people in the United States who are undernourished.

The use of Ovaltine in conjunction with milk as directed wil not aid in the digestion of milk or starchy foods, except to the extent that it may serve to speed the digestion thereof. There are other food products on the market which contain the same variety of nutriments found in Ovaltine.

Ovaltine has no value as a treatment for colds or sore throat, nor will it prevent such infections, nor have any tendency to shorten the duration thereof.

Vitamin A deficiency is one of the causes of night blindness, but night blindness has no effect upon one s eyesight in the daytime or in artificial light. Ovaltine, consumed over a prolonged period of time may prevent night blindness resulting from vitamin A deficiency, or may serve to avoid a narrowing of the field of vision resulting from such a deficiency, but will have no other effect upon human eyesight. A well-balanced diet provides a person with all thc vitamins and minerals required for his physical well-being, and the addition of Ovaltine to such a diet will have no effect whatever upon the con- Burner s endurance, energy, muscles, strength, and stamina. Although the use of Ovaltine before retiring may be beneficial in producing sound sleep, such use win not assure one of waking up in the morning feeling fresh, vital, vigorous, and buoyant. Oval tine, consumed alone or in connection with a well. planned diet cannot assure sOHnd health, and cannot be depended upon to assist in providing, building or developing extra endurance, strength, stamina health, energy, or muscles, nor wi1 it constitute an al1-round strengthening food.

CONCLUSION The foregoing 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. 180 FEDERAL TRADE COMMISSI01\T DECISIONS Order 48 F. T. C.

ORDER It i8 ordered That the respondent, The Wander Co. , its offcers representatives, agents, and employees, directly or through any corporate or other device, ill connection with the offering for sale, sale and distribution of Ovaltine" or any product of substantially similar composition or possessing substantially similar properties, whether sold under the same none or under any other name, do forthwith cease and desist from directly or indirectly: 1. Disseminating or causing to be disseminated any advertisement (a) by means of the United States mails, or (b) by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which ac1vertiscmen-; represents, directly or through inference: (a) That the consumption of Ovaltine will reduce the emptying time of the stomach after a starchy meal, or wiJ thereby induce hunger.

(b) That the use of Ova.1tine, by those who arc under par, rundown, thin, weak, exham:ted, pale, listless, tired, fatigued, nervous underweight, or lacking in energy or strength, or whose appetites are impaired, will correct such conditions or other symptoms of nutritional deficiencies unless such representations are limited to those cases in which such conditions are due to the milder forms of nutritional deficiencies where the prolonged and continued use of said product as a food suppl( ment in the quantities recommended may tend to overcome such conditions. K othing contained herein shall be deemcd to permit respondent to represent that the use of Ovaltine will correct clear-cut deficiency disease states such as, but not limited , beri beri, pellagra, or scurvy.

(c) That three out of four or any other specific portion of the people of this country aro so deficient in vitamins and minerals that they have developed sucll symptoms as being under par, run-down thin, weak, exhausted, pab, listless, tired, fatigued, nervous, or underweight, or lacking in energy and strength or whose appetities -are impaired, or any other symptoms VI,which a.rise by reason of lack of suffcient vitamins or minerals: Provided, however That the foregoing shall not be construed to prevent the respondent frOlTI using representations accurately refleding statements made in current documents issued by agencies of the ' United States Government whose functions and duties include nutritional studies and surveys bearing upon the prevalence among the people of this country of symptoms arising by reason of mineral or vitamin deficiency.

(d) That the use of Ovaltine wiu correct iron deficiency anemia and its resultant symptorrs.

(j)(g) THE WAXDER CO. 181 167 Order (e) That Ovaltine wil aid in the digestion of milk or starchy foods, except to the extent that it may serve to speed the digestion thereof.

(I) That no other food product on the market contains the same variety of nutriments found in Ovaltine.

That the use of Oval tine will have any effect in avoiding colds or sore throat or will exert any influence upon the severity or duration of the COJTI10Il cold or its accompanyil1g sore throat; or that its use will have any effect upon the eyesight in excess of preventing night blindness resulting from vitamin A deficiency, or preventing narrowing of the field of vision resulting from vitamin A deficiency. (h) That the health of an individual who consumes a well-planned or well-balanced diet requires addi60nal vitamins or minerals, such as may be found in Oval tine, or any other food supplement, or that Ovaltine, added to such a diet, will assist in providing, building, or developing endurance, strength, stamina, energy, or muscles, or act as an all-round strengthening food, or increase one s strength. (i) That by taking Oval tine before retiring one can be assured of feeling fresh, vigorous, vital or buoyant the next morning. That the consumption of Oval tine will give assurance of good health.

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

OHDEH '10 FILE REPORT E' C01lIPUAXCE It is GTelereel That the respondents herein shall, within 60 days after service upon them of this order, file with th Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist (as required by said declaratory decision and order of August 16, 1951J. Complault 48 F. T. C.