Garden Research Laboratories

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IN THE MATTER OF GARDEN RESEARCH LABORATORIES ET AL.

DECISION IN REGARD TO THE ALLEGED Violation OF THE FEDERAL TRADE commission ACT Docket 6093. Complaint, 'ipr, . 1953 Decision, Nov. IB , 1953 Where a corporation and its president, engaged in the competitive interstate sale and distribution of a chemical fertilzer, designated "RX-15", desigued for use as a liquid ferti1zer by the addition of water; its advertising agency; and the secretary-treasurer of the corporate manufacturer of its said 1D(-15" and the owner or controUer of 50% of its stock; through advertisements in newspapers of national' circulation and radio broadcasts (a) Falsely represented that "UX-15" was the scientific designation of a plant food and that the product was the result of atomic research and a new discovery or new product; and (b) Represented that scientists at a Michigan college and at Rutgers University discovered said product in their laboratory and conducted tests and published records with respect thereto and that scientists at said University made photographs showing the results of said tests; The facts being that liquid fertilizers have been known aud expcrimented with for years: said IH'orlnct was not diseovered by scientists at any educational institution; and while such fertilizers have recently been made in suffciently large quantities as to be available to the retail trade, and persons ident.ified with colleges, 1lniversities, and agl'icn1tural experimental stations ha Y€ ('onducted1.es1:8 and IWHle reports OIl the effectiveness thereof and IJhotographs were made in conne.ction with tests conducted at Rutger the lifjuitl fertilizer used therefor was not said product; (c) Hej1esented that photographs used by them in their advertising were taken by the V. S. Atomic Energy COlluuission, were reproduced by them in their advertisements with the special permission of said Commission, and that a photograph designated as "Atomic Photograph" and "Test J\"'o. 1" was taken 13 minutes after plant food was applied to the roots of the plant; When in fact the photographs used were not taken IJY saill commission; they did not authorize them to use any photographs in their advertisement; fmd the photograph last referred to above was taken one hour after plant food was applied to the roots and not, as claimed, after If) Ininutes; (d) Falsely represented that their product contained radioactive materials; the facts being that while radioactive isotopes were used in the tests referred to, to trace the pattern of a plant nutrient so as to determine the rate of accuIlulation of liquid fertilizer, they are not intended to benefit plants in any ,yay; while isotopes used as tracers by scientists at Hutgers l'e made available to then1 by said cOlnIIi sion, it was ill no way connected with the tests; and photographs made in connection therewith were taken to show through radioactivity results obtained with liquid fertilizer; e) Represented that t.through the use of said product anyone could produce an abundance of flowers and vegetables on a small patch of ground with little or no work, merely by sprinkling plants with water containing said product, GARDEN RESEARCH LABORATORIES ET AL. 425 424 Sylabus and that the ingrer1ients acted immediately upon application to the leaves and when applied to the roots reached the leaves of plants in 15 minutes; Thc facts being that while liquid fertilizers of the type concerned are effective used according to directions, many other ' factors must be present to insure successful harvest.: sprinkling leaves alone' with liquid fertilizers is not an effective method of general fertilizing; while some of the ingredients of said product begin to be absorbed by the leaves of many plants at the time of application by sprinkling and when applied to the roots begin to be absorbed at once, the time of absorption varies among?; plants; and in any event it has not been established that all of the ingredients are absorbed by the leaves of aU plants in If, minutes 01' any specified time; (f) Represented that drJ' fertiizers do not produce results for months after application and that said "RX-15" was more powerful than aU other fertiizers and supplied 360% more plant food, was 1 000 times faster than dry fertilzers, and was substantiaUy cheaper than other fertilzers; The facts being that while some dry fertilzers are more readily absorbed than nevertheless, begin to be absorbed other such fertilzers, dr fertilzers, on contact with or application of moisture and produce results within a short time thereafter and not after months; and product is not more effective than a number of other fertilzers, and, while in concentrated form, is not more powerful than a number of others under conditions of use, namely, after dilution with \Vater as directed; there is no scientific basis or statistical proof that it supplied more plant food faster than other fertilizers as above set forth, or as to any comparison with other fertiizers with respect to the amount of food supplied or the time within which it becomes effective; and its cost is not substantiaUy cheaper than many other fertilzers based upon effectiveness as such products;

(g) Hepresented that thc vitamins and hormones contained in said product aided in plant ;:rowth, and that one product was so highly concentrated that one pound made nearly '4 of a toil of liquid plant food at a price of less than 't2e per pound;

The facts being that it contained no vitamins or hormones; said substances are not known to be of any significant aid in fertilizing plants; and its claiIn as to cost per pound of 1j2 was based upon the weight after dilution with water, which is not itself a plant food; amount of such food available wa actually only the amount of the product before dilution; and cost thereof per pound was cost of the j11 oducl itself per pound; and (h) Hepresenteci that other fertilizers would likely ruin plants while its product would not burn the tenderest plant or the roots thereof; The facts being that while fertiJzers, including its said product, used correctly ,vi1 not injure plante" many dry and liquid fertilizers, includin?; said RXhave the capacity so to do if used in excess of the varying toleration. of different plants:

Held That such acts and practices. under the circumstances set forth, were aU to the prejudice and injury of the public and constituted unfair and deceptive acts and practief's in commerce and unfair methods of competition therein.

Befare Mr. John Lewis hearing examiner. Mr. William L. Pencke for the Commission. , Mr. Tkornas J. McFadden and Donovan Mr.James R. Withrow, Jr. , Newton If"/Jinq, af.New'Y;tJrk City,farrespandents.Leiure Findings 50 F. T. C.

DECISION aF THE CaJlIMISSION Pursuant to. Rule XXII af the Cammissian s Rules af Practice, and Decision af the Cammissian and as set forth in the Commission s " Order to. File Report af Campliance, dated N avember 13, 1953, the initial decision ill the instant matter af hearing examiner J ahn Lewis 3S set out as follows, became an that date the decision of the Cammissian.

INITIAL DECISION BY J' OHN LEWIS, HEARING EXAMINER Pursuant to. the provisions af the Federal Trade Cammissian Act the Federal Trade Cammissian on April 17, 1953, issued and subsequently served its complaint in this proceeding upon the respondents named in the caption hereof, charging tihem with the use of unfair methods of competition and unfair and deceptive acts and practices in commerce in violation of the provisions af said Act. No answer to. said co.mphlint was filed by said respondents, the time for filing said answer having been extended by the undersigned hearing examiner until the date af hearing, based an the representatian that the parties were endeavaring to negotiate a stipulatian covering the the facts in this proceeding. At a hearing held before the undersigned hearing examiner, theretofare duly designated by the Commission, a stipulatian as to. the facts was entered into. by counsel supparting the complaint and counsel far respondents, in lieu af oral testimony in support af ar in appo.sitian to. the allegations of the camplaint, and certain do.cumentary evidence was intro.duced into. evidence by agreement of co.unsel, said stipulatian and dacllmentary evidence being only recorded and fied in the o.ffce of the Cammissian. Thereafter, the proceeding regularly came an far final consideration by said hearing examiner upon the complaint and the aforcsaid stipulatian as to. the facts and dacumentary evidence, counsel having elected nat to. file proposed findings and canclusians far consideration by the hearing examiner, and oral argument nat having beenI'equested; and said hearing examiner, having duly cansidel'ed the reeard herein, finds that this proceeding is in the interest af the public and makes the fallowing findings as to. the facts, conclusion drawn therefrom, and order: FINDINGS AS TO TIm FACTS PARAGRAPH 1. Respondent Garden llesearch Labaratories is a car- , o.rganized and existing under the laws af the State af Newparatian The post offce address af said respondent is Madisan, News ersey. president af said carp orateJersey. Respondent Cecil C. Hage is GARDEN RESEARCH LABORATORIES ET AL. 427 424 Findings respondent and formulates the policies and direds and cantrals the practices and activities af said carp oration. Respondents Cecil C. Hoge, Halliltan IIage, John Roge, Sidney , were ca- October 1, 1952 'C. IIage and Barbara Obalensky, prior to partners trading and doing business as an advertising agency under the firm name and style af Iuber Rage and Sons. The affce and prin- .cipal place of business af said cotparate and individual respondents is This partner- located at 699 Madisan Avenue, New York, New Yark. ship was the advertising agency for respondent, Garden Research Labarataries, and prepared and caused the dissellination of advertising matter far respondent, Garden Research Labarataries, including the advertising hereinafter referred to.. On ar about October 1, 1952 the business carried an by Huber Hoge and Sans was incarparated under the laws of the State of New Yark under the name af Huber Hage & Sons, Inc.

Doggett- Pfeil Co. iS a New Jersey carporatian engaged in the manufacture and sale of chemical fertilizers, including the product said by Treasurer af said'Ga.rden Research Labarataries. The Secretary- .carporatian is respondent Alfred S. Pfeil who awns or contrals fifty percent of the stock of respondent, Garden Research Laborataries. Said respondent participates and collabarates with the copartners af advertisingtrading as Huber Hage and Sons in the preparation copy and material for respondent Garden Research Laboratories. His ffce and principal place of business is located at Springfield, New Jersey.

PAR. 2. Far more than ane year last past, respondent Garden Research Laboratories has been and is naw engaged in the sale and distribution af It chemical fertilizer, designated RX- , which contains 15% Nitragen, 30% Phospharic Acid, 15% Potash and is designed to. be used as a liquid fertilizer by the additian of water. RX-15 is manufactured and packaged far saiel respondents by Daggett-Pfeil Ca.

Orders far saiel praeluct are directed to respanelent Garden Research Labaratories at its mailing address in .Madison, New Jersey, and are there received by Daggett-Pfeil Co. Said Doggett-Pfeil Co. fills said mders by shipping said product fram its place of business at .Mill burn or Summit, New Jersey, to purchasers thereaf located in various other States af the United States. Said respondent maintains, and at all times mentialled herein has maintained a course of trade ill commerce in said product and such course af trade has been and is substantial. PAR. 3. In the course and can duct af their said businesses and far the purpose af inducing the purchase of the product RX- , respond- Findings 50 F. T. C.

ents have made many statements and representations cancerning said product by means af advertisements inserted in newspapers having a , but nat allnational circulatian ancl by radio. broadcasts. Typical inclusive of such representations made in 1952, are the following: * " " Today, any child can grow hundreds of heautiful flowers by merely sprinkling them with water, thanks to a new garden discovery at leading Michigan and New Jersey college testing laboratories. That' s right Bart-and all because of new discoveries in food, care, nutrition and the association of atomic radiation with plant Life. Food? Nutrition? Atomic radiation? I always thought good oW fertilizers were the best known helpers for flowers.

That was last year, Bart. We are now entering a new age ' . . an age where gardening wil become nothin!' more than throwing a few seeds into the ground * * * using some special plant foods * " * and cutting the full-grown flowers just several days later * . . Why, do you kuow that the ordinary ferti1zers you Illay have been using on your garden ('an very easily ruin your plants instead of helping them Atomic Photograph No.

Taken exactly fifteen minutes after plant food .was applied to roots by Rutgers, University scientists at New Brunswick, New Jersey. Atomic Hesearch Heveals How to Make Ii'lowers, Trees, Shrubs, Bloom Like Magic in Any Soil . " * you wi1 see, on this page, a "radioactive" photograph made possible by special permission of the United States Atomic Energy Commission This photograph wi1 prove to J'ou that with just one simple secret-you who may kno'" next- to-nothing about gardening, can turn your garden into the showplace of the community with thousands of colorful flaming blossoms-not five years from now-not next year-but this summer ' . . actual11y pick hundreds of pounds of luscious tomatoes, lettuce, cucumbers from a vegetable patch no bigger than a one.car garage. And that YOU-with just ten minutes work amaze the "experts" in your neighborhood with a rich thick carpet of lawn-and at a cost so low, it's almost too ridiculous to mention! And you won t even have to dirty your hands! " . * read about the amazing 15 minute miracle that can make a11 kinds of flowers bloom for you by the thousands in tiny space, in any sou, even in ordinary sand! Plant scientists ' . " discovercd that when this super-powerful plant food of a type called RX-15 is dissolved in water and sprinkled on leaves of plants the leaves ahsorb it instanUy ! HERE' PIWOF RUTGERS UNIVERSITY ATOMIC TEST NO. * * * concentrated plant foods that could be dissolved in plain ordinary sink water and when sprinkled on lawns or plants could go to work in minutes! " . . Hutgers scientists added traces of radio-active atoms to this Jiquid plant food. This radio-active plant food was then fed to the roots of ordinary plants . . . Exactly fifteen minutes later the leaves were cut off and pressed against radio-sensitive film. Now look at the picture at the right! GARDJoN RESEARCH LABORATORIES ET AL. 429 424 Findings (Picture of a skeleton of a leaf) * . . There s no other work to it.

Compare with a11 other fertiJzers: As an expert, you know that plants do well if they absorb only 25% of the nitrogen, phosphorous and potash slowly released by dry fertiJzers over a period of months' . . RX-15 THEREFORE' SUP- PLIES 360% MORE PLANT FOOD-SUPPLIES IT UP TO 1 000 TIMES FASTER-PRODUCES SPECTACULAlt GROWTH RESULTS IN 7 DAYS OR LESS INSTEAD OF HAVING TO WAIT MONTHS! RX-15 is at least 3 times more powerful than general types of fertilizer available up to now ' * . RX-15 gives you a scientifically balanced 15-30-15 formula that' s 3 times more powerful, yet completely safe for use. And to make flowers hold their bloom longer, promote resistance to disease, winter-kil etc. RXalso provides a balanced diet of oft-neglected manganese, copper, boron, zinc vitamins and hormones plus essential trace elements and minerals. Unlike most fertilizers, HX-IG contains no filler-is so highly concentrated even the smallest can of RX-15 makes nearly 14 toll of super-powerful plant food at a cost of less than %1 a pound.

RX-IG will not burn, eat or damage even tenderest plants, roots, shoots' . * PAR. 4. Through the use af the statements hereinabave set forth and ()thers similar thereto but not specifically set out herein, respondents have represented, directly and by implication : (a) That RX-15 is the scientific designation of a plant food; (b) That said product is the result of atamic research and is a new discovery ar new product; (c) That scientists at a college in Michigan and at Rutgers University discovered said product in their laborataries, canducted tests with said product and published recards with respect thereto., and that scientists at Rutgers University made photographs showing the results ()f said tests;

(d) That the phatographs used by respondents in their advertising were taken by the United States Atamic Energy Commission and were reproduc ed by respondents in their advertisements with the special permission af the Atomic Energy Commission; (e) That the photagraph designated as Atamic Phatograph and Test .No. was taken 15 minutes after pLtnt food was applied to the roots af the plant;

(f) That respondents' pl'duct contains radio-active materials; (g) That by using said product auyone can produce an abundance with little arof flowers and vegetables on a small patch or ground work, merely by sprinkling phUlts with water containing RX-15; (h) That the ingredients act immediately upon application to the leave,s and, when applied to the mats, reach the leaves of a plant in 15 minutes;

fertili7,ers do. nat produce results far months after (i) That dry application;

430 FEm HAL TRADE COMMISSION DECISIONS Findings 50 F. T. C.

(j) That nX-15 is more powerful than all other fertilizers Itnd supplies 360% rnare plant food, 1 000 times faster than dry fertilizers j: (k) That it is substantially cheaper than other fertilizers; (1) That the vitamins and harllones contained in said product aid in plant grawth :

(m) That saill product is so. highly cancentrated that ane pound liquid plant food at a price af less nmkes nearly one- fourth of a ton af than ane-half cent per pound; and (n) That other fertilizers wil likely ruin plants, while respondents product will nat burn the tenderest plants ar the raats thereaf. PAR. 5. The foregoing representations are false, misleading and deceptive far the fallawing reasons ; (a) There is no plant food known by the scientific designation of RX- , said designation being merely a trade name adapted by respanclents Garden Hesearch Labarataries.

15 did nat result fram atamic research and is nat a new (b) RXdiscavery ar product.

(c) nX-15 was nat dis( covered by scientists at a callege in Michigan or at Hutgers University, ar at any other educatianal institutian. Liquid fertilizers have been known llid have been experimented with for years. However, recently they have been manufactured in sufficiently large quantities as to. make them available to. the retail trade ami persons identified with colleges, universities, and agricultural exconducted tests and made reports an theperimental statians have eflectiveness of liquid fertilizers similar to. HX-15. 'While photagraphs were made in connection with tests conducted at Rutgers University, the liquid fertilizer used far the phatagraphs was not RX-15. (d) The photographs used in respondents' advertising were not taken by the United States Atamie Energy Commission; nar did said Cammissian autharize respondents to use any phatographs in their advertisements.

(e) The photograph designated as " Atomic Phatagraph No.. 1" was takeu ane haul' after plant faad was applied to. the plant raats and not 15 minutes later, as claimed by respondents. (f) RX-15 does nat contain any radioactive material. 'While radioactive isotopes were used in the tests above referred to. to trace the pattern of a plant nutrient so as to. determine the rate af accumulation of liquid fertilizers, they are not intended to benefit plants in any way. The radiaactive isatapes, which were used as tracers by scientists at Rutgers University, were made available to. them by the United States Atomic Energy Commission but said Commission was in no. way connected with the tests. The photographs made in can- GARDEN RESEARCH LABORATORIES ET AL, 431 424 Findings Ilection with the tests were tirkell to. show, by means af the radiaactivity, the results abtained with liquid fertilizers. (g) While liquid fertilizers of the RX-15 type are effective fer' according to. tilizers, when used directions, there are many other factors which must be present to insure successful harvest. Sprinkling on the leaves alone with liquid fertilizers is not an effective method af general fertilizing. (h) While same af the ingredients af RX-15 begin to be absorbed by the leaves of many plants at the time af application by sprinkling and when applied to the roots, begin to be absorbed at once, such time absorptian varies amangplants. In any event, however, it has nat been established that all of the ingredients are absorbed by the leaves af all plants in 15 minutes ar any specified time. (i) Among dry fertilizers there are same which are mare readily absorbed than others. Nevertheless, dry fertilizers begin to be absorbed an cantact with ar application of maisture and praduce results within a shart time thereafter and nat after manths. (j) RX- 15 is nat mare effective than a number of other fertilizers. Although it is in concentrated farm RX-15 is not mare powerful than a number af other fertilizers under conditions af use, namely, after dilution with water as directed. There is no scientific basis ar statistical praof that HX- Hisnpplies 360% mare plant faad up to. 1 000 times faster than other fertilizers ar as to. any camparisans with other fertilizers with respect to the am aunt 0.1' 1'oad supplied or the time within which it becames effective.

(k) The cast af RX-15 is not substantially cheaper than many other fertilizers based upon effectiveness as fertilizers. (1) Vitamins and harm ones are nat contained in RX-15 and are nat known to be of any significant aid in fertilizing plants. (m) The claim that nearly one- faurth tan af liquid plant food is made available at less than one- half cent II pound is based up an the weight after dilutian with water. However, water is nat a plant faad so that the amount af plant food available would actually be only the amount of the product be fare dilutian. Consequently, the cost of the available plant faad per pound wauld actually be the cost af the product itself, per paund.

(n) When used carrectly, fertilizers, including RX- , will not injure plants. However, many dry and liquid fertilizers, including RX- , have the capacity to injUle plants if used in excess af a plant's taleratian, such toleration varying with different plants. PAR. 6. Respondents, Garden Research Laborataries and Cecil C. Hoge, in the conduct of said business, have been and are in substantial competition ill commerce with other carporatians and with in- , , 432 I"EDERAL TRADE COMMISSION DECISIONS Order 50 F. T. C.

partnerships and others engaged in the sale af fertilizers. dividuals, PAR. 7. The use by respondents af the faregaing false, misleading and deceptive statements and representations has had the tendency and capacity to. mislead and deceive the purchasing public into the erraneous and mistaken belief that such representations were true and into the purchase of substantial quantities af respondents' product because of such erroneous and mistaken belief. As a result thereaf trade has been unfairly diverted to. respondents ftam their competitors in commerce and substantial injury has been dane to. competition in commerce.

CONCLUSION The aforesaid acts and practices af respondents, as herein found are all to. the prejudice and injuryafthe public and constitute unfair methods of campetitian and unfair and deceptive acts and practices in intent and meaning of the Federal Trade Cam- commerce within the mission Act.

ORDER it is o7'dend That the respondent Garden Research Labarataries a corporation and its affcers, and the respondent Cecil C. Hage, in- (lividually and as an affcer af said corparatian, and the respondents Cecil C. Hage, HamiJtan HogI' John I-loge, Sidney C. Hoge and Barbara Obalensky, individually and. as copartners doing business as FIr Huber IIo and Sons, or under any other name, and the respondent Alfred S. Pfeil, individually, and said respondents' agents, representatives and employees, directly or through any corporate or other device in connection with the offering far sale, sale ar distribution in cammerce, as "commerce" is defined in the Federal Trade Cammissian Act ar any other product can- of the chemical fertilizer designated RXtaining substantially the same ingredients ar possessing substantially the same properties, do. forthwith cease and desist from representing, directly or hy implication:

is the scientific designation af a plant food. 1. That RX-15 2. That said product is a new plant food ar new discovery, ar that it was developed as a result of atomic resmLrch. 3. That persons identified with any cal1ege, university 0.1' other institution of learning discovered said product, canducted tests or made reports with respect thereto., unless such be the fact. 'I. That personnel identified with Rutgers l:Jniversity or any other eclucatianal institutian made photographs showing the results obtained by the use of respondents' product or that the United States Atamic Energy Commission had taken photographs pertaining to. GAHDEN HESEARCH LABORATORIES ET AL. 433 424 Order respondents ' product ar authorized the use by respondents af any such photographs.

5. That photographs af plants taken one haur after being fertilized by liquid fertilizer were taken only fifteen minutes thereafter representing that phatagraphs were taken at any specified time cantrary to the fact.

6. That respondents' product contains radioactive materials. 7. That the use af said product, by sprinkling and without other factars, will assure an abundance of Hawers or vegetables an a small patch af ground.

8. That the ingredients af said products are absorbed by the leaves within fifteen minutes ar within any other period af time which is contrary to. fact.

9. That dry fertilizers do. nat praduce results far manths 0.1' other extended periads of time after application ar misrepresenting in any other manner the time within which dry fertilizers are absorbed produce results.

10. That said pracluct is more powerful than all other fertilizers; that it supplies 360% mare plant faad at the rate af 1 000 times faster than other fertilizers ar at any other given qmntity or rate inconsistent with the facts, or misrepresenting in any aU1Pl' manner the am aunt of plant food supplied by said product ar the period of time within which such plant food takes elfect in camparisall with other fertilizers. 11. That said product is substantially cheaper in price under canditions af elI'active use than all other fertilizers. 12. That there are vitamins lmd harmones contained in said product which aid plant grawth.

13. That the amallnt of plant faad supplied by said product, when in a water salution, is any amount in excess of the quantity af respondents' product actually present in such solution; 0.1' that, under such canditions af use, the cost a-E said plant food is less than it is in fact. 14. That other fertilizers, even though used accarding to directions may injure plants.

15. That respondents' product, unlike other fertilizers, will not burn or injure foliage, even thaugh nat used according to. directians. ORDER TO. FILE REI'ORT OF COMPLIANCE It is ordered That the respondents herein shall, within sixty (611) days after service up an them a-E this order, file with the Cammi,,, on a report in writing setting forth in detail the manner and form ill which they hllve complied with the order to. cease and desist Cas required by said declaratary decision and arcler of November 13, 1953J. 403443--57-- , , , , , , , Syllabus 50 F. 'L' INTI-IE J\fatter OF WILLIAM G. BARNARD, SR ET AL. TRADING AS NATURAL FOODS INSTITUTE DECISION IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE IISSION ACT Doclcet 956. Oomplaint, Feb. 21 1952-Decision, Nov 1953 Where two partners, trading as Natural Foods Institute, engaged in the interstate sale and distribution of health foods, books, drugs, and devices of various sorts; in advertising in catalogs bearing; their said name, and in various other "vays, seven products which they designated as: "Chic rablets Garlic Capsules Papain 'Tablets Soy :Milk Powder (Soyalac MacH Brand Papaya Peppermint Tea, and "Alfalfa Tea (a) Falsely represented that their said products, as the case might be, would reduce weight, were odorless, constituted an effective tl'catrncnt for indigestion were a tonic which would s,veetcll the intestinal tract, and would have a significant effect upon the building of muscle, bone, or hair by reason of the alfalfa nutrients; that their "Papaya Pulp" contained no sugar and was a valuable food for diabeties; and that it was possible for hnman beings to contract mastitis frolll animal Inil1\ and that the llse of their " Soya J\iilk Powder" would prevent the contraction of such disease; and Where said partners, engaged as aforesaid, in also selling and distributing certain foods, narnely, their "Dr. Gaymont's Yogourt Culture Hed Beet .Tuice Brown nice Debydrated Powdered Vegetables, alll "Celery ,Juice (b) Falsely and misleadingly represented that said "culture" ,vas an effective treatment for stomaeh nlcers or colitis, that their said beet jnice built np red blood or red corpnscles of the blood and toned np the blood, that their said dehydrated powdered vegetables were more easily digested and more nutritious than fresh vegetables; and that their celery juice ,vas an effective treatment for arthritis and rhelunatic conditions; and Where said partners, engaged as aforesaid, in the offer and sale also of certain health books which they designated as "Haw Vegetable .Juices Health Via the Carrot and Other Vegetables, "rrhe Grape Cure, and "My Water Cure; in advertising. the same through their aforesaid catalogs and otherwise- (c) Falsely and misleadingly represent.ed that a deficieney of minerals and salts in the diet was the prima ry cause of nearly every sickness and disease that the eating of raw vegetables and fruit juices in the manner set forth in said first book ,,,as a cure for nuruerous sl1ecified aillnents and conditions cOlllprisiug nlost of the common ailments suffered by mankind and that eating carrots and other vegetables in the 111nnner set out in said second book would keep one Ileal thy and "onstitutecl a cure for numerous ailments, including diabetes, (liscflscs peeulial' to ,vomen, ('01(18, arthritis, and cancer and a tired feeling;

Notwithstanding the fact as respeets sair! last-named "ondition that only rarely does it result from dietary deficiencies of the type which "an be (:orrected through any possible use of carrots and ot her vegetables; and NATURAL . FOO'DS INSTITUTE 435 434 Syllabns (d) Falsely and misleadingly represented that the system outlned in "The Grape Cure" would cure cancer and that ouUfned in "My Water Cure" would cure all diseases in any way curable; and Where said partners, engaged as aforesaid in the offer and sale also of certain ; in juice extractors sold under the designations "Vita-l\Hx" and "Juicex advertising the same in catalogs, newspapers, magazines, circulars, and in radio and television broadcasts, and in other advertising media- (e) E'falsely and misleadingly represented that the consumption of raw fruits and vegetables prepared in said Vita-Mix would result in better digestion restful sleep, normal elimination, strong, healthy teeth, or continued good eyesight, and was an effective treatment for various ailments, including those above indicated, and would res nit in good health; (f) E'falsely represented that nutritional deficiencies were increasing and that according to the Department of Agriculture, three out of every four meals in the United States were deficient in the minimum daily requirement of vftamins, minerals, and other nutrients, and that 90% of the rejcctions in the draft of World War II were because of malnutrition, and that cooked and peeled vegetables were so deficient in nutritional qualities that children s teeth and tonsils were adversely affected; (g) Falsely represented that Vitamin E was the anti sterilty vitamin and that the ingestion of Vitamin A would bnfJd resistance against aU infectious diseases;

(h) I' falsely represented that the eunsumvtion of the Plltire encumber was an effective treatment for nervous conditions in women and that the consumption of lettuce was all effective treatment for such condition,!s generally; (i) Falsely represented that the necessity for the removal of tonsils in children arose because of malnutrition; and (j) Falsely represented that the eonsnmption of fruit and vegetable jniees prepared in the Jnicex would assure health, vigor, and charm, and that consumption of such juices would regenerate and rebuild the system; and Where said partners, engaged as aforesaid- (k) Falsely represented through the USe of the word "Institute" in their trade name that they constituted an organization for the promotion of research experimentation, investigation, and study in the science of dietetics and related subjects, and that a trained staff of employees and a properly equipped laboratory were maintained for such purposes ; When in fact there were no lectures or courses in dietetics in given subjects given by trained technical lecturers and safd representation was otherwise false in the respect above indicated; and in the trade (I) Falsely represented through the use of the word "sterilzer" name of their "N. F. 1. Vegetable and Fruit Washer and Sterilzer" in the advertising thereof in their catalogs and other media, that their said apparatus had a germicidal effect;

When in fact it had no such effect of any nature, but was a device which consisted essentially of a wire basket and a length of hose to be attached to a water faucet for use in washing vegetables: Held That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and constituted unfair ami deceptive acts and practices in commerce.

Before Air. James A. Purcell hearing examiner. . George M. Martin and Mr. J. ljl. Doukas for the Commssion. Mr. H of Chicago, Ill., for respondents. 1'11'Y Junge Decision 50 F. T. C.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to the provisions of the Federal Trade Commission Act the Federal Trade Commission on February 21, 1952, issued and subsequently served its complaint in this proceeding upon the respondents named in the caption hereof, charging them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said Act. After the service of the said complaint respondents fied their answer thereto admitting all of the material allegations of fact charged in the complaint to be true, waiving any and all hearings as to the facts and conclusions and consenting to the issuance of an order, reserving, however, the right to fie objections to the form and contents of the order. Thereafter the proceeding regularly came on for final consideration by a hearing examiner of the Commission, duly designated by it and named in the "Notice appended to the complaint at the time of its issuance, upon the said complaint and respondents' answer thereto, and said hearing examiner on April 24, 1952, filed his initial decision. Within the time permitted by the Commission s Rules of Practice counsel for respondents filed with the Commission an appeal from sai cI initial decision, lllc1 thereafter this proceeding regularly came on for consideration by the Commission upon the record herein including briefs in support of and in opposition to said appeal, no oral argument having been requested.

The Commission on March 31 , 1953, issued its ordcr granting respondents' appeal. On the same day the COIInnission issued, and thereafter caused to be served, its order granting leave to respondents and to counsel supporting the complaint to file with the Commission objections to the order to cease and desist which the Commission proposed to issue as a part of its decision herein, after making appropriate findings as to the facts and conclusion consonant with the pleadings; under the terms of this order such objections were to be filed within twenty days after service thereof and the proposed order to cease and desist attached thereto.

No objections were filed by respondents. On April 23, 1953, counsel supporting the complaint filed objections to the proposed order to cease and desist, and also filed a motion for reconsideration by the Commission of its order granting respondents' appeal. The Commission having entered its order denying the said motion and rejecting the objections \;) the proposed decision, the proceeding came on for final consideration by the Commission upon the record herein on review, and the Commission, having duly considered the matter and being now fu1Jy advised in the premises, finds that this , . __ ____ NATURAL FOODS INSTITUTE 437 434 Findings proceeding is in the interest of the public and makes the following findings as to the facts, conclusion drawn therefrom, and order, the same to be in lieu of the initial decision of the hearing examiner. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondents 'Willam G. Barnard, Sr., and Wiliam G. Barnard Jr., are copartners trading as Natural Foods Institute with their offce and principal place of business at Olmstead Falls Ohio. Hespondentf' sell and distribute various items of merchandise including health foods, books, drugs, and devices of various sorts. PAR. 2. Respondents are now and have been for more than one year last past engaged in the business of selling and distributing foods drugs and devices as the terms "food drug" and "device" are defined in the Federal Tmde Commission Act. The designation used by respondents for various of their said food and drug products and the formulae and directions for use thereof are as follows: (1) Dcsignation; Chic Tablets.

Formula: D t" blets daily represent the following percentage of minimum daily adnlt rcqnirements.

Vitamin B, ,Thiamine Hydrochloride) -------------- 333 U. S. P. Units 100% Vitamin B, (RiboDavln) ----- ----------- 2 Miligrams 100% Niacinnmide -- _n_ -------- 10 1\Iiligrams 100% Calcium (Calcium Phosphate Dibasic) _--n____ -h_- 920 :\lillgrams 120% Phosphorous (Calcium Phosphate Dibasic) --------- 750 Miligrams 100% Iron (Ferric Peptonatc)--- - 15 Miligrams 100% Iodiue (Kelp) ----- - 0.10 :\Iiligrams 100% Also contains skimmed milk powder, malt extract, dextrose, cocoa powder and flavor, with traces of zinc, magnesiuIll cobalt, copper and manganese. Directions: Take 3 tablets about 15 to 20 minntes before each meal. Tablets may be swallowed whole with water or frnit juice, or chewed if desired. If one mea) is omitted (preferably lunch) it is suggested that 4 tablets be taken at this time.

(2) Designation: Garlic Capsnles.

Formula: Vegetabie oil extraction of garlic. Directions: TO BE SWALLOWED WHOLE-NOT CHEWED, 'l' ake two capsules before each meal three times a day unless otherwise prescribed. (3) Designation: Papain Tablets 3 gr.

Formula: Dehydrated juice of Carica Papaya. Directions: Take one or two tablets to help occasional stomach distress. ( 4) Designation: Soy Milk Powder (Soyalac) Formula: Contains: Soya beans, dextrin, dextrose, soya bean oil, maltose sugar, salt, dicalcinm phosphate, trisodium phosphate, viosterol. Directions: How to make Soya Milk.

With Soyalac being readily soluble in cold water, a whip, egg beater, hand or electric mixer readily serves the purpose for mixing. Always add powder to water, an ounce (approximately a heaping tablespoon) to a glass, more or less 438 FEDERAL TRADE COMMISSION DECISIOC\S Findings 50 F. T. C.

to individual taste. Then use like milk, 4 ounces Soyalac makes approximately a quart of soya milk, 1 ponncl a gall on.

(5) Designation: MacH Brand Papaya Formula: Papaya Pulp Directions: Take in pure state or lllix \with water, milk, fruit juices, honey, sng-ar, saccharine or flavors to suit taste. Keep in cool place, tightly closed when not in use.

(6) Designation: Peppermint Tea Formula: Peppermint leaves Directions: Pour boiling wa ter over and let steep to desired strength and serve with or \vithont cretan aud sugar.

(7) Designation: Alfalfa Tea Jj-' ornlnla: 'render, small alfalfa leaves. Directions: Pour boilng water over and let steep to desired strength and serve with or \vithout Creanl and sugar.

In addition to the aforesaid products respondents sell and distribute the following foods, to wit: Dr. Gaymont' s Yogourt Culture, Red Beet Juice, Brown Rice, Dehydrated Powdered Vegetables, Celery Juice and devices designated as NFI Vibrator and Oster Stim- Lax Junior. Hcspondents cause the said produds hereinabove listed in Paragraph One when sold to be shipped from their place of business in the State of Ohio to purchasers thereof located in various 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 their said products in commerce between tend among the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of their aforesaid business respondents, subsequent to March 21 1938, have dissemiriated and caused the dissemination of advertisements concerning their said products set out in Paragraph Two, by the United States mails and by various means in commerce as "COlTlmCrCe" is defined in the Federal Trade Commission Act, including but not limited to catalogs entitled Natural Foods Institute, Olmstead Falls, Ohio" and respondents have disseminated and caused the dissemination of advertisements concerning their said products by various means, including but not limited , the catalogs referred to above for the purpose of inducing and which were likely to induce, directly or indirectly, the purchase of the said products in commerce as "commerce" is defined in the Federal Trade Commission Act.

PAR. 4. Among and typical of the statements contained in the said catalogs disseminated as aforesaid and the products to which they relate are the following:

. . . . . NATURAL FOODS INSTITUTE 439 434 Findings (1) Chic.

CHIC Reducing Formulae Get rid of ugly fat now. You can be slim the easy way, without drugs or opiates. Many have received wonderful results from Chic. This food supplement fnrnishes the necessary food materials without adding on the pounds. re so sure that this Reducing Formula wil give yon the results you ve been looking for that we make you a Money-Back Guarantee. (2) Pure Garlie Capsnles.

bnt stil essential for PAPA RAR:\ ARD Says: "Odorless and tasteless, diet.

Dr. Kellog in "Kew Dietetics" says garlic is a natural disinfectant of the alimentary canal. Used by thousands who value their health. (3) Papain Tablets Perfect for indigestion. 'l' akes away gas and discomfort. (4) Soy Milk Powder.

Eliminates all danger of lnastitis sometimes contracted from the use of animal mille (5) Papaya Pulp.

PAPAYA PULP for diabetics. No sugar in it.

(6) Peppermint Tea California PEPPERMINT TEA Dried Mineralized peppermint leaves are an alkalinizer and a natural tonic. Sweetens the entire intestinal tract.

(7) Alfalfa Tea.

ALFALFA TEA Alfalfa helps produce muscle, bone and hair. You need the vitamins and minerals Alfalfa Tea gives you. Animals thrive on alfalfa-why not you? Now adapted for human consumption.

(8) Dr. Gaymont's Yogourt Cultnre.

. . . Gives relief from Stomach Ulcers Dr. Gaymont' YOGOURT CULTURE Here Is What Dr. Gaymonnt' s Yogourt Culture "'il Do For Yon! s most perfect food, wil Are yon healthy? Dr. Gaymonnt's Yogourt, nature help you stay healthy and help you enjoy life. Suffering from Colitis? Delicious Yogourt is unexcelled for soothing relief in the corrective diet. * * * Stomach Uleers! Be relieved. Y ogonrt is wonderfully alkalizing, pain comforting. * * . (9) Red Beet Juice.

Pure Unadulterated RED BEET JUICI This is one of the most valuable juiees for helping to build np red blood Red Beet Juice or red corpuscles of the blood and tone up the blood generally." is high on list of beneficial vitamin and mineral juices. , Findings 50 F.

(10) Brown Rice.

* * * Contains all the essential minerals and vitamins. (11) Dehydrated Powdered Vegetables.

. . * The walls and shclls of a vegetahle cell contain c"llnlose-which cannot be digested by man. In dehydrated vegetables these cell walls h..ve been broken and destroyed so that you can get the inner nutritious part with thc full food value.

(12) Pure Celery Juice.

* * * Dr. R. D. Pope, M. , especially' recommends celery juice in the dietary care of arthritis and rheumatic conditions in his book Raw Vegetable Juices What's Missing in Your Body.

(13) NFl Vibrator.

Helps Get Hid of Aches and Pains BLOOD CIRCULATES BFJTTJDR with thc NFl VIBRATOR, (14) Oster Stim- Lax Junior.

I use the Stim- Lax before retiring. It scems to make my rich red bluod circnlate more smoofhfy.

PAPA BARNARD Jnsf try an OSTER STIM- LAX Junior on your body, face, gnms, scalp, arms feet. Yon ll be amazed! Massage is man s oldest method for soothing his ails and OSTIDR STIM- LAX Junior enables you to give it more effectively than ever before. An OSTER can deliver controllable, rotating-patting movements to your fingertips to make massage mildly soothing or deeply penetrating. Only an OSTEn has Snspended Motor action movement-so soothing to the nerves, so nice to the muscles, stimulnJing to the circulation. PAR. 5. Through the use of the advertisements containing the statements and representations hereinabove sct forth, and others similar thereto not specifically set out herein, respondent's have represented directly and by implication:

(1) That their Chic Tablets are a reducing formula and wil in and of themselves reduce weight.

(2) That their Garlic Capsules are odorless in use and are an intestinal disinfectant.

(3) That their Papain Tablets are an effective treatment for indigestion.

(4) That mastitis may be contracted through the use of animal milk and that the use of Soy Milk Powder wil prevent the contracting of such disease.

(5) That their Papaya Pulp does not contain any sugar and therefore is a valuable food for diabetics as part of their diets. (6) That their Peppermint Tea is a tonic and sweetens the entire intestinal tract.

NArURAL FOODS INSTIrUTE -'L 434 Findings . (7) That their Alfalfa Tea helps produce muscle, bone and hair in human beings.

(8) That Dr. Gaymont's Yogourt Culture is an effective treatment for stomach ulcers and colitis.

(9) That their Red Beet Juice builds up red blood or red corpuscles ()f the blood and tones up the blood.

(10) That their dehydrated powdered vegetables are more digestible and nutritious than vegetables in any other forms. (11) That their Celery Juice is an effective treatment for arthritis and rheumatic conditions.

(12) That the use of the NFI Vibrator rids the human body of bloodaches and painsthroughoutand stimulates ortheimprovesbody.the circulation of the (13) That the use of Oster Stim- Lax Junior stimulates or improves the circulation of the blood throughout the body. PLm. 6. The said advertisements are misleading in material respects and are "false advertisements" as the term is defined in the Federal Trade Commission Act. In truth and in fact: (1) The Chic Tablets are not a reducing formula; wil have no influence whatsoever on obesity and in and of themselves wil not bring about weight reduction. It is necessary to use a restricted diet to bring about weight reduction and said tl.blets are merely a dietary supplement.

(2) The Garlic Capsules are not oderless in use since they contain significant quantities of oil of garlic which produces an odor on the breath. This product is not an intestinal disinfectant. (3) The Papain Tablets are not an effective treatment for indigestion.

(4) It is not possible for human beings to contract mastitis from animal milk or otherwise.

(5) The Papaya Pulp is not a valuable food for diabetics because it contains significant amounts of sugar.

(6) The California Peppermint Tea is not a tonic nor wil it sweeten the intestinal tract.

(7) The amounts of nutrients which can be extracted from the alfalfa during the preparation of an infusion or tea wil have no significant effect upon the building of muscle, bone, or hair. (8) Dr. Gaymont's Y ogourt Culture is not an effective treatment for stomach ulcers or colitis.

(9) Red Beet Juice will not build up red blood or red corpuscles or tone up the blood to any significant extent. (10) Dehydrated powdered vegetables are not more easily digested or more nutritious than fresh vegetables.

Findings 50 F.

(11) Celery juice has no therapeutic value in the treatment of arthritis or rheumatic conditions.

(12) The benefits from the NFl Vibrator are limited to those which can be secured from massage. In some cases the use of massage, such as that obtained with this device, wil tend to temporarily relieve aches and pains although there are many types of aches and pains which wil not even be temporarily diminished through the use of such a device. The massage secured through the use of this device wil temporarily stimulate the flow of the blood in that part of the body being massaged, but the use of the device would not serve to stimulate or improve the circulation of the blood generally throughout the body. (13) The massage secured through the use of the Oster Stim- Lax flow of blood in the part ofJunior would temporarily stimulate the the body being massaged but the use of the device would not serve to stimulate or improve the circulation of the blood generally throughout the body.

PAR. 7. In the course and conduct of their aforesaid business and for the purpose of inducing the purchase of certain of their health books designated "Raw Vegetable Juices Health Via the Carrot and Other " in the com-Vegetables The Grape Cure" and "My ';Vater Cure merce aforesaid respondents have also made numerous statements concerning said books through the medium of the aforesaid catalogs and by other means. Among and typical of the aforesaid statements and the books to which they relate are:

(1) The book entitled "Raw Vegetable Juices The lack or defidency of certain elements such as vital organic mineral and salts from our customary diet is the primary cause of nearly every sickness and ho,wdisease, says Dr. Pope. I-Ie answers this vital question in his bookcan we most readily furnish onr body with the elements needed?" * * " Look at the fascinating subjects covered. Artbritis, gall biadder trouble anemia, tuberculosis, astlllna, heart trouble, indigestion, colitis, constipation boils, cancer, convulsions, diabetes, high blood pressure, liver, miscarriage, rheu. matism, eczelna, goiter, liyer trouble, kidney tronhle, obesity, nervousness, prostate trouble, in fact most all of the common ailments suffered by mankind. '1' 0 OVERCOME CERTAIN DISEASI S LEARN WHAT JUICES YOUR BODY NKl'mS.

One of the most sensational parts of this fascinating book is a section entitled Raw vegetable and fruit juices and their therapeutic use in specific ailments. Dr. Pope has taken such diseases as cancer, chicken pox, the common cold hernia, hives, indigestion, constipation and many others and tells you what fruit and vegetable jnices yon should eat in order to overcome these diseases. (2) The book entitled "Health Via the Carrot and Other Vegetables.

HOW TO Slay HEALTHY BY I ATING PIWPERLY.

NATURAL FOODS INSTITUTE 443 434 Findings Indigestion the Glands-Headaches-Rhenmatism-B I 0 0 d Stream-Diahetes-'that Tired E'celing-Asthma The Women s Problem-Colds and Infiuenza Arthri tis-Cancer.

Prevent Disease.

Learn Foods you need for LONGER, HAPPIER LIFE. No longer need yon worry about crippling diseases and ailments. (3) The book entitled "The Grape Cure" by Johanna Brandt. Can Canccr be Relieved? In inspiring fashion, J\iiss Brandt gives you her explanation of the causes of cancer. She had cancer herself. She tried Inany cures, \which didn t ,vark. Nine years sbe fought a grim battle. Three more years went by. In 1925 she accidcntally discovcred the miracle of the grape. Johanna Brandt has learned the reasons for the success of the grape cure. In 15 chapters, she tells hmv the grape is tal\:en, why it is effective. (4) The book entitled "My IV ateI' Cure " by Father Kneipp. Father Kneip!1 said "The water, in particular, my water cure, heals an diseases in any way curablc.

PAR. 8. Through the use of the aforesaid representations disseminated as aforesaid, and others similar thereto but not specifically set out herein, respondents have represented, directly or by implication: (1) That a deficiency of minerals and salts in the diet is the primary cause of nearly every sickness and disease, and the eating of the raw vegetable and fruit juices in the manner set forth in the book "Raw Vegetable Juices " is a cure for arthritis, gall bladder troubles, anemia tuberculosis, asthma, heart trouble, indigestion, colitis, boils, cancer convulsions, diabetes, high blood pressure, miscarriage, rheumatism eczema, goiter, liver trouble, kidney trouble, obesity, nervousness prostrate trouble, chicken pox, the common cold, hernirc or hives and most of the common rcilments suffered by, mankind. (2) Thrct by eating carrots and other vegetables in the manner set out in the book "Health Via the Carrot and Other Vegetables " one can prevent disease, live longer and remain healthy and that such diseases and ailments as indigestion, glandular troubles, headaches rheumatism, disorders of the blood stream, diabetes, a tired feeling, asthma, diseases peculiar to women, colds, influenza, arthritis lwd cancer will be cured thereby.

(3) That the system or method of treatment outlined in the book entitled "The Grape Cure" will relieve or cure crcncer. (4) That the system or method of treatment outlined in the book entitled "My 'Water Cure" is a cure for all curable diseases. PAR. 9. The aforesaid statements are false, misleading and deceptive. In truth and in fact:

(1) A deficiency of minerals and salts in the customary diet is not the primary cause of nearly every sickness and disease and no possible , . .

Findings 50 F. T. C.

combination of raw vegetable and fruit juices is a cure of arthritis gall bladder trouble, anemia, tuberculosis, asthma, heart trouble, indigestion, colitis, boils, cancer, convulsions, diabetes, high blood pressure, miscarriage, rheumatism, eczema, goiter, JiveI' trouble, kidney trouble, obesity, nervousness, prostate trouble, chicken pox, the c.mmon cold, hernia or hives or any significant number of the common ailments suffered by mankind.

(2) Eating the carrots and other vegetables in the manner set out in the book Health Via the Carrot and Other Vegetables" wiJJ not keep one healthy and is not a cure for indigestion, glandular troubles headaches, rheumatism, disorders of the blood stream, diabetes asthma, diseases peculiar to women, colds, influenza, arthritis or cancer. The condition popularly known as "a tired feeling" arises from a multitude of causes and only rarely does it result from dietary deficiencies of the type which can be corrected through any possible use of carrots and other vegetables in the diet.

(3) The system or method of treatment outlined in the book entitled The Grape Cure" will not relieve cancer, or cure cancer. (4) The system or method of treatment outlined in the book entitled "My 'Vater Cure " is not a cure for any curable disease. PAR. 10. In the course and conduct of their aforesaid business and for the purpose of inducing the purchase of certain of their juice extractors in the commerce aforesaid, the respondents have made numerous statements by means of advertisements inserted in catalogs in newspapers, magazines, circulars and in radio and television broadcasts and in other ad vertising media. Among and typical of such statements and the juice extractor to which they relate are the following:

(A) VITA-MIX WHA'L' DOYOUWANT? RF,TTER DIGESTION RESTFUL SLEEP NORMAL F,ELIMINATION STRONG HEALTHY TEETH CONTINUED GOOD EYESIGHT USI A VITA-MIX TO PREPARE YOUR MEALS AND DRINK YOUR WAY TO HEALTH VITAMINS AND I\nN jRALS May Help Build Resistance Against Most Common Ailments. GET THEM THE VITA-MIX WAY- The Dept. of Agriculture admits that 3 out of every 4 meals are short of vitamins and minerals. No wonder so many people feel run-down, worn out tired all the time. .

Nutritional deficiencies are increasing' . . According to the U. S. Department of Agriculture, 3 ont of 4 meals are deficient in the minimum daily requirements . .

! . . .

445 NATURAL FOODS INSTITUTE 434 Findings GOOD HFJALTH VITAMIN"S AND MINERALS ARE ESSENTIAL TO WHY NOT BE SURE YOU GE'.r ALL THAT ARE IN YOUR FOOD? those which you Most of the vitamins in your food are in the out parts, norlJaJly peel off and throwaway. With a Vita-Mix you wil never need to destroys muchfose these precious health-giving vitamins * * * . Cooking also these vital compoundsof the vitamin and mineral content of food. You pour down the drain when you prepare food the ordinary way. Why should you good digestion, eye-throw out the fhings that are so important to strong teeth, sight, vigor, body tone. Get a Vita-Mix and be sure you get all the vitamins and minerals nature pnt into your food.

Your health depends on vitamins and minerals which nature has placed next to and in the skins of fruits and vegetables. Peeling and boiling destroy these valuable elements that are vital to your good health and enjoyment of life. " " .

LOOK AT 'these RESULTS Although I am only 28 years old I have had bowel trouble for the last 3 or 4 yrs. Thanks to my Vita-Mix, I can do as you say-throw out the laxative bottle.

Mrs. A. S., Cincinnati, Ohio.

The following advertisement excerpts are taken from television transcripts entitled "Home Miracles of 1950" in which respondent W. G. Bernard, Sr., appeared and which were transmitted from various cities located throughout the United States. The television broadcasts consisted of demonstrations by respondent W. G. Barnard, Sr., of the use of the Vita-Mix and lectures by said W. G. Barnard, Sr., on the value of various juices which can be extracted through the use of this device. The lecture is also directed towards the alleged unhealthful cooking habits employed throughout the nation and the various ils which arise as a result thereof. All of these statements were intended typical of the to influence the purchase of the Vita-Mix. Among and statements made during the course of the demonstration and lecture on the aforesaid television broadcasts are:

I happen to be president of the Natural Foods Institute, as you know. And we are trying to teach the mothers of America exactly what the Red Cross and the Parent-Teachers Association are trying to put over-and that is, you must, mother, you must change the diet of your family, or America is going blind. are looking Do you know that right now, one-half of us-children and all half of us in America through a pane of glass? Do yon know that right now hasn t got a tooth in their mouth except what they bought from their dentist ' " " " A milion boys went before our draft boards in the last world war and four hundred and sixty thousand of them were rejected. 'think of it that Brigadier General Louis B. Hershey said that it' s a national disgrace, ninety percent of those boys were rejected because of malnutrition-at the ,';ning table. " " .

. . . And the first meal she gives the child is one of the most demineralized de-vitalized meals which she could possibly give him-which is mashed pota toes. . . .

:: . ! . Findings 50 F. T. C, * * * There s only one way to eat that potato if you want your family to have eyes, teeth, and tonsils. And that's to pnt it in the oven and bake it, skin and all. But no, Mommy says Daddy doesn t have any teeth. He can t eat the skin. And she doesn t have any teeth-she can t eat the skin. And the reason they don t have any teeth is because they didn t eat the skin. So she takes a knife. And she peels off those eight minerals and four vitamins as if they were poison. Then she throws them in the garbage can. There go their eyes and their teetb. 'L'hen she notices the little brown specl,s, the eye-the Vitamin E. That' s the vitamin that reprodnccs the potato. That's the vitamin that she and poppa must have if they reproducc. 'L'he reproductive vitamin-vitamin E. She doesn t want it-she gonges it out, she throws it in thc garbage can. And tben she takes the knife, she ents the potato half in two, puts it in a pot of water, and for twenty-five minntes now she does give it the works. She boils out every mineral and vitamin. And after she does get them all boiled out what does she do with them? 'Vhy she trots right over to the kitchen sink and drains the whole works down the sewer. " " * * Do yon know that half of the people over twenty-seven years of age haven t got a tooth in their mouth except what they bought of the dentist' And a great deal of it is caused by malnutrition. Do yon know that a high percentage of our children are losing their tonsils because of malnntrition ' * * " So she takes that blessed carrot and she slices and she dices. It says stew thirty-five minutes, so she turns np the gas. She boils out the iodine She boils out the Vitamin A that builds the eyes, the Vitamin B that builds the oj and then she trots oyer to the kitchen ink and drains thelll downnerves the sewer. Down the drain goes the Vitamin A that builds resistance against aU infections diseases. Down the drain goes the Vitamin A that builds the eyes.

Shc cuts it out. She throws it in the garbage can. The Vitamin FJ The Anti- Sterility Vitamin.

* * * Why yon ll drink that cucumber, skin and all, in just a few minutes one of ihe :finest ycgetables on earthtime. I-Ierc s one of the finest vegetables for the nerves, for women.

" " * Every vegetable has some therapeutic value. And this one, we are told is good for the nerves. You know, Grandnm used to say lettuce contained opium because it made her sleepy. '" '" "

* " " Seventy percent of the American people are deficient in calcium according to our government report. * .

(B) .TUICEX HOW TO HAVE HEALTH, VIGOR, CTIARM-TI-IE NATURAl, WAY DRINK .nJICES MADE WITH YOUR JUICEX Look at These I"acts on ,Tuices An unfailing source of life-giving elements are found in fresh juices. Authorities on food and nutrition agree that nnv fruit and vegetable juices, if taken fresh and without prcservatives, are easily assimilated. They arc an organic or life food and wil regenerate and build up your whole system. There is no known simpler way to make np for the minerals and vitamins you miss in today highly refined foods. Eminent medical authorities agree that vitamins and minerals arc essential to good health. Don t take chances, make Sure you get enough juices every day.

PAR. 11. Through the use of the statements disseminated as aforesaid and others of similar import, not specifically set out herein, the respondents have represented, directly or by implication, that: NATURAL FOODS INSTITUTE 447 434 Findings (1) the consumption of raw fruits and vegetables prepared in the Vita-Mix will result in better digestion, restful sleep, normal elimination, strong healthy teeth or continued good eyesight; (2) the consumption of raw fruits and vegetables prepared in the Vita-Mix is an effective treatment for digestive disturbances, insomnia disorders of elimination, carious or otherwise diseased teeth and impaired eyesight;

(3) the consumption of raw fruits and vegetables prepared in the Vita-Mix will result in good health;

(4) the consumption of vitamins and minerals increases the individual' s resistance to most common ailments; (5) nutritional deficiencies are increasing and, according to the U. S. Department of Agriculture, three out of every four meals in the United States are deficient in the minimum daily requirements of vitamins, minerals and other nutrients;

(6) the consumption of raw fruits and vegetables prepared in the Vita-Mix is an effective treatment for and a cure for disease" of the bowel;

(7) 90% of the rejections in the draft of .World vear II were because of malnutrition;

(8) cooked and peeled vegetables arc so deficient in nutritional qualities that children s teeth and tonsils are adversely affected; (9) Vitamin E is the anti-sterility vitamin; (10) the ingestion of Vitamin A will build resistance against all infeetious diseases;

(11) the consumption of the entire cucumber is an effective treatment for nervous conditions in women;

(12) the consumption of lettuce is an effecti ve treatment for nervous conditions;

(13) the necessity for the removal of the tonsils of chil dren arises because of malnutrition;

(14) the consumption of fruit and vegetable juices prepared in the Juicex wiJJ assure health, vigor and charm; (15) expressed fruit and vegetable juices will regenerate and rebuild the system.

PAR. 12. The aforesaid statements are false, deceptive and misleading. In truth and in fact:

(1) the consumption of raw fruits and vegetables prepared in the Vita-Mix will not result in better digestion, restful sleep, normal elimination, strong healthy teeth or continued good eyesight; (2) the consumption of raw fruits and vegetables prepared in the Vita-Mix is not an effective treatment for digestive disturbances 448 FEDERAL TRADE CO:\MISSION DECISIONS Findings 50 F. T. C.

insomnia, disorders of elimination, and will not improve carious or otherwise diseased teeth or improve eyesight; (3) the consumption of raw fruits and vegetables prepl1red in the Vita-Mix will not result in good health;

(4) the consumption of vitamins and minerals docs not increase the individual's resistance to most common ailments, and the vast majority of ailments suffered by mankind have no relation to vitamin or mineral deficiencies;

(5) nutritional deficiencies are not increasing hut on the other hand some types of nutritional deficiencies which were at one time prevalent have now almost disappeared in this country; in fact the survey made by the U. S. Department of Agriculture referred to by respondents did not show that three out of every four meals are deficient in the minimum daily requirements of vitamins, minerals, and other nutrients, but on the contrary showed that the population sample studied in IVES and 1936 failed by that extent to consume food which met the allowances of the Food and Nutrition Board of the National Research Council, and these allowances were roughly 50 percent higher than the established minimum daily requirements; (6) the consumption of raw fruits and vegetables prepared in the Vita-Mix is not an effective treatment for or a cure for diseases of the bowel;

(7) only a relatively small percentage of men were rejected in the draft in World War II because of malnutrition; (8) cooked and peeled vegetables are not so vitally deficient in nutritional qualities that children s teeth or tonsils arc adversely affected;

(9) Vitamin E is not the anti-sterility vitamin; (10) the ingestion of Vitamin A will not build resistance against any infectious diseases;

(11) the consumption of the entire cucumber is not an effective treatment for nervous conditions of women;

(12) the consumption of lettuce is not an effective treatment for nervous conditions;

(13) the necessity for the removal of children s tonsils does not arise because of malnutrition;

(14) the consumption of raw fruit and vegetable juices prepared in the " Juicex" will not assure health, vigor or charm; (15) the consumption of raw fruit and vegetable juices will not regenerate and build up the system.

PAR. 13. Through the use of the word "Institute" in their trade name respondents represent that the Natural Foods Institute is an organization for the promotion of resarch, experimentation, investi- NATURAL FOODS INSTITUTE 449 434 Findings gation and study in the science of dietetics and related subjects and employees and a properly equippedthat a trained technical staff of laboratory are maintained for such purposes. The use of such term is false, misleading and deceptive. In truth and in fact the Natural Foods Institute is not an organization for the promotion of research, experimentation, investigation and study in the science of dietetics and related subjects and there is no trained technical staff of employees, nor a properly equipped laboratory maintained for such purposes. There are no lectures or courses in dietetics or related subjects given by trained technical lecturers. PAR. 14. Through the use of the word "sterilizer" in the trade name of the N. F. 1. Vegetable and Fruit Washer and Sterilizer, respondents have represented that the apparatus has a germicidal effect. Said term appears in the respondents' catalogs and in other advertising media disseminated as aforesaid. The aforesaid term is false, misleading and deceptive. In truth and in fact said apparatus has no germicidal effect of any nature and is a device consisting essentially of a wire basket and a length of hose to be attached to a water faucet for use in washing vegetables. PAR. 15. The use by the respondents of the foregoing statements disseminated as aforesaid had 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 and representations were true, and to induce a substantial portion of the purchr.sing public, because of such erroneous and mistaken belief, to purchase said devices, foods, drugs and other merchandise. PAR. 16. The complaint alleges that respondents made false or misleading representations concerning the vitamin and mineral content of brown rice, the loss of "most" of the vitamins and minerals in fruits and vegetables when they are peeled, the prevalence of eye troubles tooth troubles and caleium deficiencies in the United States, ar d the deficiency in nutritional value of mashed potatoes, peeled potatoes and cooked carrots.

The record does not establish that respondents' representations in these respects were false or misleading.

PAR. 17. The complaint further alleged that respondents represented that certain articles of merchandise could be obtained from them free or as a gift or gratuity. This representation was alleged to be false, misleading and deceptive, as the receipt of said merchandise is conditioned on the purchase of other merchandise or the sale ofother merchandise for respondents.

The record shows that respondents represented that upon the purchase, or sale to others, of certain of respondents' merchandise and 40: 44: fi7- Order 50 F.

the sending in of the purchase price of the merchandise, the person submitting the order would get certain specified merchandise free. There is nothing of record to indicate that this representation is not true. The theory of the complaint is that the merchandise is not free because the recipient must submit an order for other merchandise to get the free item. The Commission is of the opinion that, as the conditions under which the free article can be obtained are fully and clearly stated and as there is no evidence that the price, quality or quantity of the merchandise to be purchased has been changed for the purposes of this free offer, this representation is not misleading or deceptive in any way and does not constitute an unfair or deceptive the Federalact or practice in commerce in violation of Section 5 of discussion of theTrade Commission Act, as aJ1eged. (For a full reasons for the Commission s change in policy on this point, see its decision in the matter of Walter J. Black, Inc. issued September 11 1D53. ) COXCLUSIOX The aforesaid acts and pmctices of respondents, as herein found in Paragraphs 3 through 15 hereof were all to the prejudice and injury of the public and constituted unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

ORDER 1. It is ordered That the respondents .William G. Barnard, Sr., and William G. Barnard, Jr., individually or as copartners trading as Natural Foods Institute, or under any other trade name, and their representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of their various foods, drugs and devices or any other products or devices of substantially similar composition or construction or possessing substantially similar properties, whether sold under the same name or any other names, do forthwith cease and desist from directly or indirectly:

(a) Disseminating or causing to be disseminated any advertisement concerning respondents' food and drug products and devices, by means of the United States mails or by any means in commerce, as "commerce is defined in the Federal Trade Commission Act, which ad vertisement represents, directly or by implication:

(1) that their Chic tablets are a reducing formula, or wiJ1 reduce weiO'ht.

(2) tlmt their Garlic Capsules are odorless in use, or that said Garlic Capsules are a disinfectant of the intestinal canal; NATURAL FOODS INSTITUTE 451 434 Order (3) that their Papain Tablets are an effecti ve treatment for indigestion;

(4) that mastitis can be contracted by humans; (5) that their Papaya Pulp does not contain sugar, or is a valuable food for diabetics;

(6) that their Peppermint Tea is a tonic, or sweetens the intestinal tract;

(7) that their Alfalfa Tea produces muscle, bone, or hair in human beings to any significant degree;

(8) that Dr. Gaymont's Yogourt Culture is an effective treatment for stomach ulcers or colitis;

(9) That red beet juice will build red blood or red corpuscles or the blood or tone up the blood to any significant degree; (10) that dehydrated powdered vegetables are more digestible or nutritious than fresh vegetables;

(11) that celery juice has any therapeutic value in the treatment of arthritis or rheumatic conditions;

(12) that the use of the NFL Vibrator provides benefits in excess of those supplied by massage or stimulates or improves the circulation of the blood generally throughout the body; (13) that the use of the Oster Stim- U-Lax .Junior stimulates or improves the circulation of the blood generally throughout the body; (b) Disseminating or ca,using to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce directly or indirectly, the purchase of sr,id products in commerce, as commerce" is defined in the Federal Trade Commission Act, which advertisement contains any of the representations prohibited in Paragraph (a) hereof.

2. It is further ordered That the respondents William G. Barnard Sr. , and William G. Barnard, Jr., individually or as copartners trading as Natural Foods Institute, or under any other trade name, and their representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of their various foods, drugs, devices, health books, juice extractors or expressors, kitchen (;quipment, or any other merchandise related to health problems, in commerce, as "commerce" is dcfined in the Federal Trade Commission Act, do forthwith cease and desist from:

(a) Representing, directly or by implication: (1) that a deficiency of minerals and salts in the diet is the primary cause of nearly every sickness and disease; (2) that eating the various vegetable and fruit juices in the manner recommended in the book entitled "Raw Vegetable Juices" is a cure for Order 50 F.

arthritis, gall bladder trouble, anemia, tuberculosis, asthma, heart trouble, indigestion, colitis, boils, cancer, convulsions, diabetes, high blood pressure, miscarriage, rheumatism, eczema, goiter, liver trouble kidney trouble, obesity, nervousness, prostate trouble, chicken pox the common cold, hernia, or hives, or the common ailments suffered by mankind;

(3) that by eating carrots and the other vegetables in the manner recommended in the book entitled "Health Via the Carrot and Other Vegetables" humans will remain healthy;

(4) that eating carrots and the other vegetables in the manner recommended in the book entitled "Health Via the Carrot and Other Vegetables" is a cure for indigestion, glandular troubles, headaches rheumatism, disorders of the blood stream, diabetes, asthma, diseases peculiar to women, colds, influenza, arthritis, or cancer; (5) that eating carrots and other vegetables in the manner set out in the book "Health Via the Carrot and Other Vegetables" wil cure a "tired feeling" unless such representation be expressly limited to such condition when due to a dietary deficiency of the type which can be corrected by eating carrots and other vegetables; (6) that the system or method of treatment outlined in the book entitled "The Grape Cure" wil relieve or cure cancer; (7) that the system or method of treatment recommended in the' book entitled "My Water Cure" is an effective cure for any curable disease;

(8) that the consumption of raw fruits and vegetables prepared in the Vita-Mix results in better digestion, restful sleep, normal elimination, strong healthy teeth, or continued good eyesight; (9) that the consumption of raw fruits and vegetables prepared in the Vita-Mix is an effective treatment for digestive disturbances insomnia, disorders of elimination, carious or otherwise diseased teeth or impaired eyesight;

(10) That the consumption of raw fruits and vegetables prepared in the Vita-Mix will result in good health; (11) that the consumption of vitamins and minerals increases the individual' s resistance to most common ailments; that according (12) that nutritional deficiencies are increasing or to the U. S. Department of Agriculture, three out of every four meals in the U. S. are deficient in the minimum daily requirements of vitamins and minerals and other nutrients;

(13) that the consumption of raw fruits and vegetables prepared in the Vita-Mix is an effective treatment for or a cure for diseases of the bowel;

(14) that 90% or any substantial percentage of the rejections in the draft in Wodd ""Var II was because of malnutrition; NATURAL FOODS INSTITUTE 453 434 Order (15) that cooked and peeled vegetables are so deficient in nutritional quantities that children s teeth or tonsils are adversely affected; (16) that Vitamin E is the anti-sterility vitamin; (17) that the ingestion of Vitamin A builds resistance against any infectious diseases;

(18) that consumption of the entire cucumber is an effective treatment for nervous conditions in women;

(19) that consumption of lettuce is an effective treatment for nervous conditions;

(20) that the necessity for the removal of the tonsils of children arises from malnutrition;

(21) that the consumption of fruit and vegetable juices prepared in the Juicex wil assure health, vigor or charm; (22) that the consumption of expressed fruit and vegetable juices wil regenerate or rebuild the system.

(b) Using the word "Institute" or any simulation thereof as a part of respondents' trade name, or otherwise representing, directly or by implication, that respondents' business is an organization for the promotion of research, experimentation, investigation and study. (c) Using the term "Sterilizer" or any other word of similar import, either alone or in conjunction with other words, in the trade name of respondents' kitchen implement " NFl Vegetable and Fruit Washer and Sterilizer " or otherwise representing, directly or by implication, that respondents' implement is a sterilizer or possesses germicidal properties or qualities.

3. It is further ordered That, with respect to the issues raised by the complaint other than those to which this order relates, the complaint be, and the same hereby is, dismissed. 4. It is further ordered That the respondents 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 this order. Commissioner Carretta not participating.

Commissioner Mead concurs except for the finding regarding use of the word "free." (See Mead dissent in Walter .J. Black, Inc., et aI. Docket 5571) 454 FEDERAL TRADE COMMISSIOK DECISIONS Syllabns 50 F. T. C.