Norlon Corporation

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IN THE MATTER OF NORLON CORPORATION ET AL COMPLAIK1.' , FINDINGS, AND ORDERS IN REGARD TO THE ALI.EGED VIOLATION OF' SEC. 5 OF AN ACT OF CO~GRESS APPROVED SEPT, 26, 1914 Docket 5741. Con~pla.int, Feb. 20, 1950-Decision, May, 1952 The terms "arthritis" and "rheumatism" are general terms sometimes used interchangeably, which may refer to many diseases or pathological conditions including sciatica, neuritis, lumbago and bursitis, all of which are characterized by such symptoms and manifestations as pain, stiffness and inflammatory and destructive changes in the joints and tissues of the body, and which, as pathological conditions, are of known as well as unknown origin.

Where a corporation and two officers thereof, engaged in the interstate sale and distribution of a medicinal preparation designated "Sural" ; in advertise. ments through radio broadcasts, in a newspaper of national circulation, and in a pamphlet distributed throughout the United States, directly or by implica tion- (a) Falsely represented that said preparation taken as directed constituted an adequate, effective and reliable treatment for, and would arrest the progress and correct the underlying causes of arthritis, rheumatism, bursitis, neuritis and sciatica;

(b) Falsely represented that thus taken it constituted such a treatment for the sJ'mptoms and manifestations of said diseases and would afford complete and immediate relief from the aches, pains and discomforts thereof; The facts being that there is no drug or combination of drugs which constitutes an adequate, effective or reliable treatment for any of the various forms of arthritis or rheumatism, or which can restore to normal the pathological changes which result from any such ailments; delay of proper diagnosis and appropriate treatment in such cases may result in irreparable crippling, especially in those forms caused by specific infections; and while said Sural" might function as an analgesic and antipyretic, due to its salicylate content, it would have no significant effect upon severe pain, aches, and discomforts accompanying any such. condition, but would afford temporary relief of only minor aches, pains, and discomforts; (c) Falsely represented that said preparation might be taken in large quantities over long periods of time without harmful effect; The facts being that the only therapeutically operative ingredient in their said preparation was the salicylate, acetylsalic;yhic acid, commonly known as aspirin, and that salicylates may not be taken over long periods of time without the danger of incurring certain harmful effects; (d) Falsely represented that their said preparation was superior to and caused less gastric irritation than other salicylates; .and (e) Falsely represented that they were the manufacturers of said preparation; purchas- With the effect of misleading and deceiving a substantial portion of the ing public into the erroneous belief that such representations were true, and with capacity and tendency so to do, and thereby induce its purchaseof substantial quantities of their said product: , Complaint Held That such representations constituted false advertisements, and that such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and constituted deceptive acts and practices in commerce, In the aforesaid proceeding, while various of respondents' advertisements referred to said preparation as an anodyne and contained such statements as Prompt relief of the pains of rheumatic ills For fast relief from the pains and misery of arthritis and rl1eumatism, and " Sural is not represented as a cure, such statements were less emphasized than the many others ,,'which represented and implied that the preparation was an effective trea tment or remedy for rheumatic and arthritic conditions, and, in the light of their adwrtisements as a whole, did not restrict the represented efficacy of the preparation to the relief of pain alone. Before Mr. Clyde 111. Hadley and illi'. Abner E. Lipsoo' hearing examiners.

jJfr. Joseph Callaway for the Commission. Harte Natanson of New York City, for respondents. 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 Norlon Corporation a corporation, and E. Edward Shinkel, :Milton L. Marks, Ralph S. l\1marks and John J. Anthony, individuals, hereinafter referred to as respondents, have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondent N orion Corporation is a corporation organized and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at 5 "'Vest 46th Street, New York 19, New York. The individual respondents, whose addresses are as follows: E. Edward Shinkel, 175 Riverside Drive, New York, New York; :Milton L. Marks, 101 vVillow Avenue, Larchll1ont, New York; Ralph S. Marks 68 Pinebrook Drive, Larchll1ont, New York; and John J. Anthony, No. Fifth A venue, New York, New York, are officers of the corporate respondent. These individual respondents at all times mentioned herein formulated, directed and controlled the acts, policies and business affairs of the corporate respondent, including the acts and practices hereinafter mentioned.

PAR. 2. Respondents are now and have been for more than one year last past engaged in the business of selling and distributing a certain NORLON CORP. ET AL. 1275 1273 Complaint drug product, as "drug" is defined in the Federal Trade Commission Act.

The designation used by respondents for said product and the formula and directions for use thereof are as follows: Designation: Sural.

Formula: Each tablet contains: Calcium Succinate and Acetylsalieyli('. Ac.id, Directions: "Dosn!2" 2 to 3 tablets 4 times clailv-8 to 12 tablets a clay. In order to insure prompt absorption it is recommended Sural be taken on an empty stomach.:' Respondents c::ll1se and. have caused their said product when sold to be transported from their place of business in the State of New York to purchasers thereof located in various other States of the United States, Respondents maintain, and at all times mentioned herein hate maintained, a course of trade in said product in comme-rce behyeen and among tlw v:ltions States of the United States. Respondents volume of business in such commerce is substantial. PAR. 3, In the course and conduct of their business, respondents subsequent to July 22, 1948, have disseminated and caused the dissemination of certain advertisements concerning Snral by the Uniteel States mails and by various means in commerce as "commerce" is de. fined in the Federal Trade Commission Act, for the purpose of in. ducing and which were likely to induce directly or indirectly its purchase.

These advertisements include but are not limited to the following: Radio continuities broadcast since June 22, 1948 over the following stations:

i\' ood, Calif, ,YONE-Dayton, Ohio. KHJ-Holly' KQV-Pittsburgh, Pa, ,VHDI-I -Boston, :Mass. ,YEBR-Bulfnlo, X, Y. ,YNHC-N ew Haven, Conn. 1VC'Bl\I- Baltimore, 1\1(1. ,YHI3-Kansas City, 1\10. ,yrFRR-Baltimore, :Mc1. 'VPEN~ Philadelphia, Pn. ,YOL- \V 118hington, D, ,V?\rG~I-New York, N, Y. KGMO-Kansas City, :Mo.

A certain advertisement appearing in the Boston Sunday AclYertiser, issue of April 24, 1949.

Pamphlet "How to get Prompt Relief from the Symptoms of Rheumatism and Arthritis.

Respondents have also disseminated and caused the dissemination of the advertisements referred to above for the purpose of inducing and which were likely to induce, directly or indirectly, the purchase Complaint 48 F. T. C. of Sural in commerce as "commerce" is defined in the Federal Trade Commission Act.

PAR. 4. Through the use of said advertisements, respondents have made, directly and by implication, the representations shown in the following sub-paragraphs identified as (A) to (F) inclusive. The said advertisements, by reason of said representa60ns are misleading in material respects and constitute "false advertising" as that term is defined in the Federal Trade Commission Ad, by reason of the true facts which are set forth in sub-paragraphs (1) through (6), inclusive.

(A) That Sural, taken as directed, is an adequate, effective and reliable treatment for arthritis, rheumatism, bursitis, neuritis and sciatica.

(1) Sural, however taken, is not an adequate effective or rellab1e treatment for any kind of arthritis, rheumatism, bursitis, neuritis or sciatica.

(B) That Sural, taken as directed, will arrest the progress of, correct the underlying causes of and will cure arthritis, rheumatism, bursitis, neuritis or sciatica.

(2) Sural, however taken, will not arrest the progress nor correct the underlying causes of and will not cure arthritis, rheumatism bursitis, neuritis or sciatica.

(C) That Sural, taken as directed, is an adequate, effective and reliable treatment for the symptoms and manifestations of arthritis rheumatism, sciatica, neuritis, lumbago and bursitis, and will afford complete and immediate relief from the aches, pains and discomforts thereof.

(3) Sural is not an adequate, effective or reliable treatment for the symptoms or manifestations of any kind of arthritis, rheumatism sciatica, neuritis, lumbago or bursitis. The aches, pains and discomforts incident to those ailments may be of such nature that they will be in no way alleviated by the use of Sural, however taken, and in other cases the relief afforded will be limited to such degree of temporary and partial analgesic and antipyretic effects as its aspirin content may afford in the individual case, aspirin being the common name for acetylsalicylic acid. The beneficial effect of Sural when used in any of the ailments mentioned herein is limited to temporary and partial relief of minor aches and pains and fever. (D) That Sural may be taken in large quantities over long periods of time without harmful effect on the body. (4) If taken in doses significantly larger than those specifically mentioned in the directions over a prolonged period of time, Sural may produce such toxic effects as ringing in the ears, deafness, nausea NORLON CORP. ET AL. 1277 1273 Decision vomiting, visual disturbances, skin rash, headache, marked sweating and abnormally rapid breathing, as well as adversely affect the clotting of the blood.

(E) That Sural is superior to and causes less gastric irritation than other salicylates.

(5) Sural is not superior to nor does it cause less gastric irritation than other salicylates.

(F) That respondents are the manufacturers of Sural. (6) Respondents are not the manufacturers of Sural but the product is manufactured for them by others.

PAR. 5. The use by respondents of the said false advertisements with respect to Sural has had -the capacity and tendency to mislead and deceive and has misled and deceived a substantial portion of the purchasing public into the erroneous and mistaken belief that the representations and statements contained therein were true and into the purchase of substantial quantities of Sural by reason of such erroneous and mistaken belief.

PAR. 6. The aforesaid acts and practices of respondents as herein alleged are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. DECISION AND ORDER OF THE COMl\IISSION Decision of the Commission, following its extension of the otherwise effective date of the hearing examiner s initial decision in the matter, and order to file report of compliance, dated J\1ay 1, 1952 follow:

Service of the. initial decision of the hearing examiner in this proceeding having been completed on :March 19 , 1952, and the Commission having on April 17, 1952, extended until further order of the Commission the date on which the said initial decision would otherwise become the decision of the Commission; and The Commission having duly considered the record herein and being of the opinion that said initial decision is adequate and appropriate to dispose of this proceeding:

It is ordel'ed That the initial decision of the hearing examiner, a copy of which is attached, shall, on the 1st day of :.May, 1952, become the decision of the Commission.

It is f'llTthe?" ordered That the respondents Norlon Corporation J\~Iilton L. JHal'ks, and Ralph S. :l\farks, shall, within sixty (60) days after service upon them of this order, file with the 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. Findings 48 li'. T, C.

Said initial decision thus adopted by the Commission as its decision follows:

INITIAL DECISION BY ABNER E. LIPSCOl\IB HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act the Federal Trade Commission, on February 20 1950 issued and subsequently served its complaint in the above-entitled proceeding upon respondents N orion Corporation, a corporation, and E. Edward Shinkel, :M:ilton L, I\farks, Ralph S. I\farks and John J. Anthony, individually and as officers of said corporate respondent. After the issuance of said complaint and the filing of respondents' answer thereto, counsel for the respondents entered into a stipulation with counsel supporting the complaint, wherein it was stipulated and agreed that the entire transcript of all hearings held and to be held in the proceeding against Dokin Corporation, et aI., Docket No: 5692, should become a part of the record in the above-entitled proceeding to the same extent as if such transcript had been received in regular course of hearings herein, and that the above-entitlell proceeding might be adjudicated upon the basis of such transcript supplemented by the stipulations bet"een counsel contained in the record in the above-entitled proceeding. Thereafter this proceeding regularly came on for final consideration by said hearing examiner on the complaint, the answer thereto, the above-mentioned transcript and stipulations, the presentation of proposed findings as to the facts and conclusions having been waived by counsel, and said hearing 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 factsl conclusion drawn therefrom, and order. FINDINGS AS TO TI-IE FACTS PARAGRAPH 1. Respondent N orion Corporation is a corporation organized, existing and doing business under and by virtue of the la,,' s of the State of New York, with its ofllce and principal place of bllsiness located at 5 west 46th Streetl New York 19, New York. Respondents E. Edward Shinkel, 175 Riverside Drive, New York New York; Milton L. I\farks, 101 Willow Avenue, Larchmont, New York; Ralph S. l\farks, 68 Pinebrook Drive, Larchmont, New York; and John J. Anthony, 1 Fifth Avenue, New York, New York, are individuals and officers of the corporate respondent, and at all times mentioned herein have formulated, directed and controlled the acts, policies and business affairs of the corporate respondent, including the acts and practices hereinafter found.

NORLON CORP. ET AL. 1279 1273 Finding:;; Respondents E. Edward Shinkel and John J. Anthony, individuals shortly after the issuance af the complaint herein ceased to be afficers of the respondent carparation, to own any stack therein, or to farmulate, direct or cantrol in any way the acts, policies or practices of said corporate respondent. Predicated upon these facts, a motion was Inade by counsel far respondents, and cancurred in by counsel supporting the complaint, to dismiss the complaint herein as to. said individual respondents, E. Edward Shinkel and John J. Anthany, without prejudice to the right of the Commission to institute further proceedings against them, should future fact so warrant. PAR. 2. Respondents are naw, and for more than one year last past have been, engaged in the offering for sale, sale and distribution in commerce, among and between the various States af the United States and in the District of Columbia, of a certain medicinal preparation designated "Sural " which is a "drllg "\within the meaning of the Federal Trade Commission Act, and far which the formula and directions for use are as follows:

Fol'1nll. la Each tablet contains substantially the following: Calciulll succinate--___--- ------------------ 2, 8 grains. Acetylsalicyclic acid -- 3, 7 grains. Plus excipients, Directions fol' .use.

Dosage-2 to 3 tablets 4 times daily-8 to 12 tablets a day. In order to insure prompt absorption it is recommended Sural be taken on an empty stomach, Respondents cause the said product, when said, to. be transported from their place af business in the State of New York to purchasers thereof located in other States of the United States and in the District of Columbia. Respondents maintain, and at all times mentioned herein have maintained, a course of trade in said product in commerce between and among the various States of the United States and in the District af Columbia. Respondents' volume of business in such com. merce is substantial.

PAR. 3. In the course and conduct of their business, respondents subsequent to. July 22 1948, have disseminated and caused the dissemination, by the United States mails and by various means in conlll1erce as "commerce" is defhied in the Federal Trade Commission Act, of certain advertisements of the drug preparation "Sural " for the purpose of inducing, and which were likely to induce, directly or indirectly, its purchase; and have disseminated and caused the disseminatian af such advertisements far the purpose af inducing, and 213840-54- Findings 48 F. T. C.

which were likely to induce, directly or indirectly, the purchase of said drug preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act. . Among such advertisements "\were radio broadcasts disseminated subsequent to June 22, 1948, by various broadcasting stations, and advertisements published in a certain newspaper having national circulation and in a pamphlet distributed throughout the United States. Typical of the statements and representations contained in such advertisements are the following: The Norlon Corporation, Exclusive Manufacturers and Distributors of Sural. Doctors' Amazing Prescription Formula For RHEUMATISM, ARTHRITIS Promises Quick, Blessed Relief-Safe, Effective J\'ow, thanks to biochemical research, you need no longer suffer the agony and torment of the pains of Arthritis, Rheumatism, Bursitis, Neuritis or Sciatica, .clinically Developed.

An amazing hospital-tested formula has now been clinically developed for the prompt relief of the pains of rheumatic ills, This same type of scientific treatment is now available to you in an easy-to-take tablet called SURAL. , . . SURAL is the onl;y thing I've ever found that really lived up to its premise to relieve my arthritic pains. Before using- SURAL tablets, I tried everything without success. Now, after using SURAL my pains are only a memory. Doctors say that the best treatment for rheumatic ills includes the use of salicylates-and an eminent physician recently stated the Sural, quote "does better than other salicylates and with less gastric irritation. Unquote, Get started on yonI' SURAL treatment immediately-and once again enjoy a normal, active life, SURAL is now available at all drug stores, Insist on SURAL! For over 20 years I've looked for relief from my rheumatic pains. Now, thanks to SURAL, I no longer have any pains in my legs, Though I've been inactiye for se,eral months, I'm now back on the job again. Begin taking SURAL today and start back on the road to genuine relief and a happy carefree life. At all drug stores now. Insist on SURAL, the remarlmble anodyne! Go to your druggist today and get a bottle of SURAI.I tablets. Get started on your SURAL treatment immediately and you, too, mflY ;join the many. many men and women who now lead a happy, carefree life and oncr. again nre able to return to their former occupations. Insist on SURAL! FOR RHEU:\IATOID ARTHRITIS CASES In the comparatively rare cases of Rheumatoid Arthritis, this severe pain can be and frequently is relieved, In some instances, too, stiffness may be overcome after prolonged administration of SURAL, This is of tremendous importance, because, en~n though, as I've explninec1, SURAL has been designated for action-prompt action-the fact that it has no harmful effpcts, makes this amazing preparation ideal for p1' olonged administration as is frequently necessary in chronic and severe cases of Arthritis and Rheumatism, . . .. . .

NORLON CORP. ET AL. 1281 1273 Findings I stress this point because the scientific' world is aware of some medications, which are not only a great deal more expensive, but which have been known taken in la1"ge quantities over a pro-to have harmful effects on the body ,,-hen longed period. So when I speak of SURAL'S freedom from these hazards and sufferers ofits efficiency. I'm sure you ll understand why so many former Rheumatic and Arthritic pains are singing the praises of SURAL. Each package of SURAL contains a complete direction leaflet, which will guide you in using it correctly. This is important because we know that wh~n SURAL is used according to these simple directions, in many cases it has succeeded in bringing relief from stiffness, while at the same time folks have reported they ve gotten prolonged relief from pain, PAR. 4. Various or respondents' advertisements refer to the drug preparation "Sural" as an anodyne, and contains such statements as " prompt relief of the pains of rheumatic ills " "For fast relief from the pains and misery of arthritis and rheumatism " and Sural is not represented as a cure. . . Such statements find others similar thereto are, however, less emphasized than the many other statements representing and implying that said preparation an effective treatment or remedy for rheumatic and arthritic conditions, and, in the light of respondents' advertisements as a whole, do not restrict the represented efficacy of said preparation to the relief of pain alone.

To assert that a preparation is "For Rheumatism, Arthritis" is to imply that such preparation is an effective treatment or remedy therefor. The statement "Begin taking Sural today and start back 011 the road to genuine relief and a happy, carefree life" implies successful treatment and cure, since "genuine relief" and "a happy, carefree life denote complete freedom from any ailment whatsoever. Furthermore the statement that "in many cases" Sural has "succeeded in bringing relief from stiffness" is a clear representation that the drug preparation "Sural" is an effective remedy for the underlying causes or such stiffness.

The representation that other medications are known to have harmful effects on the body "when taken in large quantities over prolonged periods" implies that the drug preparation "Sural" may be taken in large quantities over a prolonged period of time without harmful effects on the body. In addition, said preparation is directly represented as an "amazing preparation ideal for prolonged administration . . Accordingly, it is found that through the above-quoted advertisements and others similar thereto, respondents have represented, directly or by implication, as follows: 1. That the drug preparation "Sural " taken as directed, is an adequate, effective and reliable treatment for arthritis, rheumatism, bursitis, neuritis and sciatica;

Findings 48 F. T, C.

2. That said preparation, taken as directed, will arrest the progress and correct the underlying causes of, and will cure, arthritis, rheumatism, bursitis, neuritis and sciatica;

3. That said preparation, taken as directed, is an adequate, effective and reliable treatment for the symptoms and manifestations or arthritis, rheumatism, sciatica, neuritis, lumbago and bursitis, and ",ill afford complete and immediate relief from the aches, pains and discomforts thereof;

4. That said preparation may be taken in large quantities over long periods of time ,,'without harmful effect .on the body; 5, That said preparation is superior to and causes less gastric irritation than other snlicylates;

6. That respondents are. the manufacturers of said preparation. PAR. 5. The terms "arthritis" and rheumatism" are general terms sometimes used interchangeably, which may refer to any of many diseases or pathological conditions including, among others, sciatica neuritis, lumbago, and bursitis, all of "which are characterized by one or more of such s:Yl1lptoms or manifestations as pain, stiffness, and inflammatory and destructive changes in the joints and tissues of the body. These pathological conditions are of known ns "ell as unknown orlglll. Examples of those of UnknOlYll origin are rheumatoid arthritis, osteomyelitis and rheumatic fever. Examples of such conditions of knOlvn causes are infectious arthritis, such as arthritis of syphilis arthritis of gonorrhea, and arthritis associated with pneumonia and tubercular infections. In addition there are forms of arthritis, such as gout, which are connected with disturbances of metabolism. The term "neuritis" is a general term referring to an inflammation of the nerves, and denotes many different diseases resulting from various causes, such as infections, pressure on nerves from displaced organs or structures of the body, invasion of the nerve by neoplasm or tumor intoxication with metals or toxins, and metabolic disturbances such as the form of neuritis occurring in diabetes. Sciatica is a common form of neuritis felt along the course of the sciatic nerve, It is not a disease, but may occur ns a symptom of many different diseases resulting from various causes, such as pressure on the sciatic ne1Te, a tumor in the spine, infection 01' infbmmntion of the sheath of the sciatic nerve, metnboJic disturbances caused by toxins resulting from infection, fibrositis or arthritis ilwolYiHg the joints. syndrome of pain andfibrousFibrositis is atissues of thestiffnessbody,which arises in the Lumbago is a form of fibrositis manifesting itself as a painful condition in the lower part of the back, of varying severity, sometimes so mild as hardly to interfere with a man s business, in other instances NORLON CORP. ET AL. 1283 1273 Findings so violent as to render him unable to move in bed. Lumbago is associated with stiffness and muscle spasm provoked by attempts to move. Bursitis is a form of fibrositis having specific reference to inflammation of a bursa, the fibrous sac or membrane surrounding a joint and may result from inyasion of the bursa by various germs, such as streptoeoccus, myeobacterium, gonococeus, and the tubereular bacillus and from rheumatie or fibrositic inflammation. Inrectious arthritis is a rorm of arthritis resulting rrom invasion of a joint by anyone or various germs, such as staphlococcus and streptoeoeeus, which are carried to the joint through the bloodstream from a rocus or infeetion in the body, caused by an external wound or by various inreetious diseases.

Osteoarthritis rerers to a elisease charaeterized by degenerative . changes in the joints and other tissues and organs of the body. The clinical phenomena associated with osteoarthritis are pain, painrul stiffness associated with movement or the joint, enlargement of some joints, narrmving or joint spaees, increase in size of joint surfaces growth of spurs and increase in the extent of margins of the joint. Rheumatoid arthritis is a chronic, progressive, destruetive disease affeeting joints and organs of the body, eharaeterized by pain, swelling, stiffness anellimitation or motion in joints and deterioration of the patienfs general health. This disease is accompanied by pathological changes in the joints, such as thickening of the lining membrane; production of excessive fluid in the bursa in some instances, and absorption of fluid in others; atrophy or muscles, and sometimes destruction or portions or the bone ends, resulting in deformation of the joint. The cause of rheumatoid arthritis is unknown. PAR. 6. The various pathological conditions generally referred to as "arthritis" and "rheumatism" progress and develop differently. Likewise, they require different treatment, which will vary not only between different types of such ailments, but between different in(lividuals suffering from the same ailment, and between different stages in the progress thereor. An adequate, effective, or reliable treatment for any kind of "arthritis" or "rheumatism" must, therefore, be predicated upon individual diagnosis, in order to determine whether the patient has arthritis or rheumatism, the particular kind or such ailment present, and whether it arose from a known or an unknown cause. Such a diagnosis may require any or all of the following determinations:

1. History of the patient, including inrormation as to age, sex marital status, occupation, chronology of the present ailment; family history, such -as age and cause or death or parents and relatives; any illnesses from which the patient may have suffered previously, par- 1284 FEDERAL TRADE COM~nSSION DECISIONS Findings 48 F. T. C.

ticularly rheumatic fever, scarlet fever and streptococcus infections; 2. Detailed physical examination of every part of the patient' anatomy; and 3. Laboratory examination, such as blood count, serological test for syphilis, urinalysis, and certain other tests as they may seem useful in the individual case, such as X-ray and analysis of fluids in individual joints.

PAR. 7. An adequate, effective, or reliable treatment of any of the various types of ailments included in the general terms "arthritis and "rheumatism" may involve application of various therapeutic measure, including diet; rest or change of occupation; various types of physiotherapy, such -as orthopedic or thermal procedures; and medication. Delay of proper diagnosis, with consequent failure to administer appropriate treatment, may result in the evolution of irreversible pathological changes, causing a crippled, useless joint or extremity, especially in those forms of arthritis and rheumatism known to be caused by specific infections. There is no drug, or combin-ation of drugs, regardless of how administered, which will constitute an adequate, effective, or reliable treatment for the various forms of arthritis or rheumatism, nor is there any drug or combination of drugs which can restore to normal the pathological changes which result from arthritic or rheumatic ailments. PAR. 8. The drug preparation "Sural" contains 2.8 grains of calcium succinate and, 7 grains of acetylsalicylic acid, plus excipients of no therapeutic significance.

Calcium succinate, when taken orally, is converted by the liver into sugar, and no significant amount of suceinate reaches the bloodstre.am. In order to be thera peutically operative in the body, succinates must be administered intravenously. when present in sufficient concentration to be operative, the effect of succinates on tissue metabolism is harmful. The quantity of calcium succinate contained in the drllg preparation "Sural" is entirely too small to achieve or maintain a sufficient concentration in the body to have any effect whatever on the metabolism of the tissues.

Since calcium succinate, administered orally, is therapeutically inoperative, the only active ingredient contained in the drug preparation "Sural" is acetylsalicylic. acid, commonly known as aspirin, the use and effect of which, as an analgesic and antipyretic, have been known for many years.

The drug preparation "Sural" contains acetylsalicylic acid in an amount insufficient to relieve the severe aches, pains and discomforts attendant upon arthritic and rheumatic conditions. The quantity of acetylsalicylic acid therein contained may, however, function as an NORLON CORP. ET AL. 1285 1273 Findings analgesic and antipyretic to a sufficient extent to afford temporary relief to the minor aches and pains accompanying arthritis and rheumatism.

PAR. D. Tl~e drug preparation "Sural " however taken, will not constitute an adequate, effective, or reliable treatment for any arthritic or rheumatic condition~ including, among others, sciatica, neuritis Jumbago, and bursitis, nor will said preparation arrest the progress correct the underlying causes, or effect a cure of any of such conditions. The drug preparation "Sural " however taken, will not ameliorate the aches, pains and discomrorts or any arthritic or rheumatic condition to any extent beyond the temporary relier thereor afforded by its salicylate content as an analgesic and antipyretic. The drug preparation "Sural " however taken, will have no significant effect upon severe aches, pains and discomforts accompanying any arthritic or rheumatic condition, and will afford temporary relier or only minor aches, pains and discomrorts. vvith the exception or such temporary relief, the drug preparation "Sural" cannot be depended upon to have any effect whatever upon the symptoms accompanying any artlll,jtic or rheumatic condition, including, among others, sciatica, neuritis, lumbago, and bursitis.

PAR. 10. The use of salicylates over long periods of time will tend to produce harmful effects upon the body, such as hypoprothrombinemia, or a tendency to prolong bleeding by delaying the formation blood clots. In addition, salicylates may have toxic effects upon the body, mild manifestations of which are gastrointestinal upsets and ringing in the ears. ~Iore severe manifestations may be hemorrhage and destruction of tissue. Salicylates may not be taken over prolonged periods of time without the danger of incurring such harmful effects.

Since the only therapeutically operative ingredient in the drug. preparation "Sural" is the salicylate, acetylsalicylic acid, commonly known as aspirin, said preparation may not be taken over long periods of time without the danger of incurring the same harmrul effects upon the body which would result from similar use of other salicylates; nor can such preparation be taken safely by persons adversely affected byaSpIrIn. PAR. 11. Respondents are not the. manufacturers of the drug preparation "Sural."

PAR. 12. Respondents' representations concerning the drug preparation "Sural " as hereinbefore found, are false and misleading in material respects; have had the capacity and tendency to mislead and deceive, and have misled and deceived a substantial portion of the purchasing public into the erroneous and mistaken belief that such Order 48 F. T, C, representations were true, and into the purchase of substantial quantities of said drug preparation as a result thereof; and constitute false advertisements within the intent and meaning of the Federal Trade Commission Act.

CONCLUSION The acts and practices of respondents, as herein found, are a11 to the prejudice and injury of the public, and constitute unfair and deceptive acts and practices in COlllm.erce within the meaning of the Federal Trade Commission Act.

ORDER It is ordej? That respondents N orlan Corporation, a corporation and :Milton L, ~larks and Ralph S. ~larks, individual11y and as officers of said corporation, directly or through any corporate or other device in connection with the offering for sale, sale and distribution of the drug preparation "Sural " or any product of substantially similar composition or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indirectly: 1. Disseminating or causing to be disseminated, by means of the isUnited States mails or by any means in commerce, as "commerce" defined in the Federal Trade Commission A. , any advertisement which represents, directly or by implication: (a) that the taking of said preparation will constitute an adequate" effective or reliable treatment for sciatica, neuritis, lumbago, bursitis or any other kind of arthritic or rheumatic condition: (b) that said preparation will arrest the progress or correct the underlying causes of, or will cure, sciatica, neuritis, lumbago, bursitis or any other kind of arthritic or rheumatic condition; severe aches ( c) that said preparation will afford any relief of pains, and discomforts of sciatica, neuritis, lumbago, bursitis, or any other kind of arthritic or rheumatic condition, or have any therapeutic such con-effect upon any of the symptoms or manifestations of any dition in excess of affording temporary relief of minor aches, pains ( d) that said preparation may safely be taken over prolongedor fever;periods of time; causes less gastric irri- (e) that said preparation is superior to and tation than other salicylates;

(f) that respondents are the manufacturers of said preparation. 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing, or which is likely to induce ....

NORLON CORP. ET AL. 1287 1273 Order directly or indirectly, the purchase in commerce, as "commerce" is defined in the Federal Trade Commission Act, of said preparation which advertisement contains any of the representations prohibited in Paragraph 1 hereof.

I t is /,urther ordered That the complaint herein be, and the same hereby is, dismissed as to respondents E. Edward Shillkel and John J. Anthony, without prejudice to the right of the Commission to institute further proceedings against them, should future facts so warrant. ORDER TO FILE REPORT OF COl\IPLIANCE I t is .f1J.1,thel' oJ'de1'ed That the respondents N orlon Corporation ~1ilton L. l\rlarks, and Ralph S. :Marks, shall, within sixty (60) days after service upon them of this order, file with the. 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 aforesaid decision and order or the Commissions. 1288 FEDERAL TRADE GOMMISSION DECISIONS Syllabus 48F, 'T,