Dr. Posner Shoe Co., Inc.

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IN THE MATTER OF DR. POSNEIl SHOE CO., INC., FORMERLY KNOWN AS DR. A. POSNER SHOES, INC.

DECISION IN REGARD TO THE ALI EGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT , June, 1954 Docket 6003. Complaint, June 1952-Decision Where a corporation engaged in the manufacture and interstate sale and dis- Posner s Muscle tribution to dealers and the public genera1Jy, of its "Dr. Builder Shoe Dr. Posner s Scientific Shoe, and "Dr. Posner s Ritestart Shoe" ; through statements on labels on its shoe boxes and in advertisements in Inagazinps and in folders and circulars-- (a) Represented falsely that its said " Scientific Shoes" would give correct body balance, perfect posture, better foot and bodily health, and correct walking position and assure the growth of straight feet: ; (b) Represented falsely that its " Muscle Builder Shoes" wou1c prevent pronation help build muscles, and keep feet healthy;

(c) Represented falsely that its "Ritestart Shoes" would help give proper posture and correct body balance and assure foot health for children; (d) Represented falsely that its said shoes were " health shoes " and as such would prevent and enre abnormalities and disorders of the feet; and (e) Hepresented falsely that use thereof would have a beneficial effect on the condition known as "weak foot" , i. e. , as used by it in its advertising and literature:

11 eld. rhat such representations ,were false, deceptive, and misleading, and constituted unfair and deceptive acts and practices in COIlmercp. Before Aft. Earl J. K olb hearing examiner. JJT. Ames W. rV-illiams for the Commission. JJT. M aU1'ice Knapp, of New York City, for respondent. DECISION OF 'THE COJliJlfISSlON Pursuant to Rule XXII of the Commission s Ilules of Practice and as set forth in the Commission s "Decision of the Commission and Order to File Report of Compliance, dated .J une 15, 1954, the initial decision in the instant matter of hearing examiner Earl J. Kolb, as set out as follows, became on tlmt date the decision of the Commission.

INITIAL DECISION BY EAHL J. KOLH, IlEAJUNG EXA:;llNEI\ This proceeding is before the undersigned Hearing Exmniner for final consideration on the complaint, answer thereto and a stipulation as to the facts, in lieu of testimony, which was entered upon the record herein, whereby it was stipulated that the Hearing Examiner may ,, DR. POSNER SHOE CO. , INC. 1007 1006 Findings proceed upon the basis of such stipulaiion of facts to make his initial deeision upon such fads without the filing of proposed findings and eonclnsions or the presentation of oral arguments by counsel. FINDINGS AS TO THE FACTS 1. Respondent, Dr. Posner Shoe Co. Inc., formerly known as Dr. A. Posner Shoes, Inc., is a corporation organized under the laws of the State of N ew York with its principal place of business located at 101 IV est 31st Street, New Y ork ew York. 2. For several years last past, the respondent has been engaged in the manufacture and in the sale and distribution in interstate commerce of shoes designated as "Dr. Posner s Muscle Builder Shoe Dr. Posner s ScientiJlc Shoe" and "Dr. Posner s Ritestart Shoe. Hespondent sells said shoes to dealers and the public generally and its volume of business in the sale of said shoes in such commerce is and has been substantial. In addition, respondent also manufactures certain other shoes known as "Dr. Posner s Anti-pigeontoe Shoe Dr. Posner s Prewalker Clubfoot Shoe" and "Dr. Posner s Muscle Builder No. Anti-Pronation Shoe" which it claims to distribute upon prescription by physicians and orthopedic specialists. These latter shoes were not included in the complaint and are not a part of this proceeding.

3. In the course and conduct of its business and for the purpose of inducing the purchase of its said shoes, respondent has made certain statements and representations to the public generally concerning the nature and usefulness of said shoes by means of labels on its shoe, boxes advertisements inserted in magal\ines of general circulation, and in folders and in circulars. By means of these statements and representations, the respondent has represented, directly and by implication (a) That respondent's shoes knmvn as Dr. Posner s Scientific Shoes will give correct body balance, perfect posture, better foot and bodily health, and correct walking position and assure the growth of straight feet.

(b) That respondent's shoes known as Dr. Posner s Muscle Bnilder Shoes will prevent pronation, build muscles and keep feet healthy. (c) That respondent's shoes known as Dr. Posner s Hitestart Shoes will help give proper posture and correct body balance and aosure foot health for children.

(d) That respondent's said shoes are health shoes and as such will prevent and cure abnormalities and disorders of the feet. (e) That the use of respondent's said shoes will have lL beneficial effect on the condition known as "weak foot" which term has been Conclusion 50 F.

used by the respondent in its advertising and literature as being synonymous with pronation.

4. Respondent's Dr. Posner s Muscle Builder Shoe contains a builtin wedging on the inner border of the heel and Dr. Posner s Scientific Shoes are constructed in such a manner as to effect a wedge by the insertion of a cork fining on the inner border of the shoe. These devices, incorporated in said shoes, if prescribed by physicians and orthopedic specialists are recognized as capable of performing the same func tion as wedges inserted at the direction of physicians and orthopedic specialiots. Conoequently, said shoes contain features which may tend to aid in preventing the persistence of pronation or in alleviating the symptoms of mild pronation. 5. Most children s feet in the early stages of life are in the position of pronation, and such condition mayor may not be accompanied by systemic disease and mayor may not be symptomatic. In the absence of congenital abnormality, some llisease or ot.her interference, the pronation usually disappears as the child develops. One of the recognized medical procedures intended t.o prevent the persist.ence of mild pronation exhibited in early childhood is the use of the wedge in the inner border of the child's shoe; the thickness of the wedge varying with the individual requirements of the child, but usuany about 1fth of an inch thick in the beginning. Such a wedge is intended to temporarily tilt the heel bone or os calcio and improve its relationship to the forefoot in cases of mild pronation and when such a measure is individually indicated may have value in the proper development of a chiJd's feet. 'While said wedge tends to prevent the persistence of pronation in children s feet, it cannot be held as a medical fact and with certainty that wedging win accomplish such a result. 6. Respondent's shoe, designated Dr. Posner s Muscle Builder Shoe does not build muscle. The use of respondent's aforesaid shoes, including Dr. Posner s Hit.estart Shoe, or any features contained therein win not in and of themselves result in correct body balance, perfect posture, better foot or bodily health, correct walking position or assure the growth of strong and straight feet. Respondent's said shoes are not health shoes and will not prevent or cure diseases, abnormalities deformities or disorders of the feet.

CONCI;GSION findings herein Within the limitations of the stipulation and the respondent' s represenUltions hereinbefore described are false, deceptive, and misleading and constitute unfair and deceptive acts and of the Federa.l practices in commerce within the intent and meaning Trade Comm ission Act.

DR. POSNER SHOIc CO. , INC. 1009 1006 Order ORDER I t is ordered" That respondent, Dr. Posner Shoe Co. Inc., formerly known as Dr. A. Posner Shoes, Inc., a corporation, and its offcers representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and diotribution in commerce, as "commerce" is defined in the Federal Trade Commission Act, of respondent's shoes, designated " Dr. Posner s 1fuscle Builder Shoe Dr. Posner s Scientific Shoe " and Dr. Posner s Ritestart Shoe " or any other shoe of similar constrnetioll or performing similar functions irrespective of the designation applied thereto, do forthwith cease and desist from representing directly or by implication:

1. That the said shoes are "health" shoes or will keep the feet healthy;

2. That the said shoes wil prevent or cure diseases, abnormalities deformities, or disorders oJ the feet;

3. That the use of said shoes in the case oJ children will result in correct body balance or perfeet posture, or better foot or bodily health or feet that grow strong and straight, or representing in any manner that any special features or construction contained in respondent' shoes win improve body balance, posture, or bodily health, or assure proper growth or development oJ the feet;

4. That the built-in wedges contflined in said shoes will of themoelves and without further measures prescribed by physicians or orthopedic specialists place the heel bonc in proper position; 5. That the use of said shocs causes the toes to point straight ahead or results in the correct walking positiou; 6. That the use of said shoes has any value in the proper development oJ the JJllsc1es or children s feet;

7. That through the use of the words "muscle builder" as part of the brand name "Dr. Posner s Muscle Builder Shoe " or any olher name said shoes are muscle builder shoes or build musele; and R. That the use of said shoes will prevent or correct pronation or weak foot:

PTr)'uided, h01ce1H;T That nothing herein contained shan prevent respondent from representing that said shoes embody anti pronation devices or factors which are often approved by physicians as beneficial in pnwenting the peroistence oJ pronation and alleviating the symptOllo of mild pronation in children when such measures are fOUJl d to be individually indicated.

40,q440- Order 50 F. '1.

ORDER TO FILE REPORT OF COMPLIANCE It is ordered That the respondent herein shall within sixty (60) days after serviee upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist (as required by said declaratory decision and order of June 15, 1954). VCA LABORATORIES, ET AL. 1011 Order