Woodbury Chemical Company

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IN THE MATTER OF WOODBURY CHEMICAL COMPANY ET AL.

CONSENT ORDER, ETC. , 1N REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-1035. Complaint, Jan. 20, NUi6-Decision, Jan. 20, 1966 Consent order requiring a St. Joseph, Mo., manufacturer of insecticides to cease using language in its advertising which contradicts and negates the labeling on its packaging which warns the public as to the poisonous nature and hazardous use of its products. 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 W oodbury Chemical Company, a corporation, and Herbert A. Woodbury, Vera L. Woodbury, Richard W. Douglas and Leonard Everett, individually and as offcers of said corporation, hereinafter referred to as respondents, have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it Complaint 69 F.

in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as fo1Iows: PARAGRAPH 1. Respondent Woodbury Chemical Company is a corporation organized, existing and doing business under and by virtue of tbe laws of the State of Missouri with its offce and principal place of business located at 426 Monterey, St. Joseph, Missouri.

Respondents Herbert A. Woodbury, Vera L. Woodbury, Richard W. Douglas and Leonard Everett are offcers of the corporate respondent. They formulate, direct and control the acts and practices of the corporate respondent including the acts and practices of the corporate respondent including the acts and practices hereinafter set forth. Their address is the same as that of the corporate respondent.

PAR. 2. Respondents are now, and for some time last past have been, engaged in the advertising, offering for sale, sale and distribution of "Sta-Thion " an economic poison intended for rootworm control, which has been registered in accordance with the provisions of the Federal Insecticide, Fungicide and Rodenticide Act by the United States Department of Agriculture as 10% Granules StabjJzed Parathion. " Respondents se1I the said Sta-Thion" directly to the public and to retailers for resale to the public.

PAR. 3. In the course and conduct of their business, respondents now cause, and for some time last past, have caused, their said product, when sold, to be shipped from their place of business in the State of Missouri to purchasers thereof located in various other States of the United States, and maintain, and at a1I times mentioned herein have maintained, a substantia! course of trade in said product in commerce as "commerce" is defined in the Federal Trade Commission Act.

PAR. 4. In the course and conduct of their business, at a1I times mentioned herein, respondents have been in substantial competition, in commerce, with corporations, firms and individuals in the sale of products of the same general kind and nature as that sold by respondents.

PAR. 5. In the course and conduct of their business and for the purpose of inducing the purchase of their said product respondents have disseminated advertisements in one of which they represented that "Sta- Thion " is "far less toxic than some other competitive products" and that it is not a "significant skin irritant. In the same advertisement respondents stated: .

WOODBURY CHEMICAL CO. ET AL. 135 133 Complaint HOW SAFE IS STA-THION? StaHThion does not appear to be a significant dermal irritant" reports E. Associates, well-known Princeton, N.J. research organization. The test work done on rabbits showed the acute dermal (skin) toxicity LDr.,; of STA-THION to be in excess of 4640 mg.jkg. body weight. "For comparison the usual formulations containing this concentration of the pesticide are from 50 to 150 times more hazardous than STA-THION. The data indicated that the average 150 pound human could tolerate approximately one pound 01 STA-THICN directly on the skin for 24 hours, producing only minor intoxication; whereas this much of other formulations of equal strength, under the same conditions, would probably be fatal." Such advertisement made no further reference to the safety toxicity of "Sta- Thion" nor did it contain any cautionary or warning statements. In another advertisement the statement" Application of ST A- THION is safe. simple" appeared. PAR. 6. The labels on the container is which respondents sell their product " Sta-Thion " are as reproduced herein: Front Panel BEFORE USING, STUDY SAFETY DlRECTIONS.-- DESTROY EMPTY CONTAINERS-BURY OR BURN- STAY OUT OF SMOKE AND FUMES WOODBURY CHEMICAL COMPANY STA-THION STABILIZED 10ro PARATHION GRANULES-Patent Pending ACTIVE INGREDIENTS Parathion (O diethyl, O-p-nitrophenyl phosphorothioate) - - - - - -- - - - - - - - 10. Aromatic Petroleum Derivative solvent 10. INERT INGREDIENTSTOTAL - p -100.80. TO BE USED FOR THE CONTROL OF CORN ROOTWORM ONLY. For use at planting time only.

DIRECTIONS FOR CORN ROOTWORM CONTROL: Apply with granular ground equipment at the rate of 8 to 10 pounds per acre in row treatment at seeding time. DANGER POISON KEEP OUT OF REACH OF CHILDREN Harmful if swallowed, inhaled or absorbed through the skin. Rapidly absorbed through the skin! Do not contaminate feed and foodstuffs. Avoid eontaet with skin, eyes or clothing. See antidote statement and additional precautior18ry Jabeling on the back panel. A. Registration Kumber 449.355 Complaint 69 F.

Back Panel WARNING This stabilzed Parathion may be eonsidernhly more toxic than the usual Parathion dust. Wear B mask or respirator of a type passed by the L'united States Department of Agrieulture for Parathion protection. A ))alf mask equipped with cartridges that wil absorb organic vapors, sUIJplemented with aerosol filters should be worn at al1 times while the operator is exposed to mists conUiining Parathion. \Ven used constantly during the day, the filters must be changed several times. Keep all persons out of the operating' area or vidnity where there may be danger of drift. Vacated areas should not be re-entered unti the drifting insecticides and volatie residues have dissipated. Only persons €JCperlenced in handling hazardous insecticides should make application, Wear clean natural rubber gloves, protective clothing and goggles while using this 'Product. Do not get on skin, in eyes or on clothing. Do not breathe spray 01' mist. Do not take into mouth. If S'Piled on skin . wash immediately with soap and warm water. Wash hands, arms Ilnd face after,' handling and before ea.ting or smoking. CJothing that has become contaminated should be removed immediately and thoroughly washed with soap and water.

ANTIDOTE AND FIRST AID TREATMENT: Persons who show any contraction of eye pupils, or have headaches, nausea or other signs of ilness while or sound after handling Parathion must be taken to a doctor at once. The physician shuuld be informed that repeated treatment with atropine, to the limit of the patie:nt's tolerance is the most effective antidote. CALL A PHYSICIAN AT ONCE! SKIN: Wash immediately with plenty of soa.p and water. Remove 1111 contaminated c)othing and wash before re-use.

EYES: Flush immediately with large amounts of water. INTERNAL: If swallowed, immediately induce vomiting (finger down throat) or adrr.inister a tablespoonful of salt in a glass of warm water and repeat until vomit fluid is clear. Have victim He down and keep quiet. NOTICE OF WARRANTY: Woodbury Chemical Company warrants (its liabilty being Jimited to the purchase pI'ice of the product named on this label) that this PJ"Od1.1ct consists of the i.nlaedients specified, but makes no other warranty PI' representation J'egardinjl the effect or result of this product's use, whether or not the product is used in accordance with directions and shall have no responsibilty whatsoever for injury to persons, or loss or damage to property re ultins; from the handling, storage or use of this product. The user or buyer shall be deemed to have accepted these conditions, which may be varied only by agreement in writing signed by a duJy authorized H'presentative of the above-named company. Manufactured by WOODBURY CHEMICAL COMPANY St. Joseph, Missouri Orlando, Florida Denver, Colorado Princeton, Florida WARNING KEEP A WAY from FEED or FOOD PRODUCTS POISON CA L'TION - DO NOT DROP IF LEAKING DO);' BREA THE FUMES-TOUCH CONTEKTS-SW ALLOW This is to c€rtify that the contents of this package ar€ properly described by name and are packed and marked and are in proper condition for transportation according to the Regulations prescrlbed by the Interstate Commerce Commission. WOODBURY CHEMICAL CO::P ANY ICC-44D ICC Special Permit No. 4378 WOODBURY CHEMICAL CO. ET AL. 137 133 Decision and Order PAR. 7. The advertisements set forth and referred to in Paragraph Five hereof and others similar thereto not specifically set forth herein are inconsistent with, negate and contradict the labeling on respondents' product as set forth in Paragraph Six here- , which inconsistency, negation and contradiction have the tendency and capacity to mislead and confuse purchasers of said product as to, among other things, the hazardous nature of said product and the degree of care to be taken by users of said product.

Therefore, the acts and practices of respondents as set forth in Paragraph Five hereof were and are unfair and deceptive. PAR. 8. The aforesaid unfair and deceptive acts and practices of respondents have had, and now have, the capacity and tendency to induce, and have induced, members of the purchasing public to purchase substantial quantities of respondents' product. PAR. 9. The aforesaid acts and practices of respondents, as herein alleged, were and are a11 to the prejudice and injury of the public and of respondents' competitors and constituted, and now constitute, unfair methods of competition in commerce, and unfair and deceptive acts and practices in commerce, in violation of Section 5 of the Federal Trade Commission Act. DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Commission Act, and the respondents having been served with notice of said determination and with a copy of the complaint the Commission intended to issue together with a proposed form of order; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondents of alj the jurisdictional facts set forth the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the Jaw has been violated as set forth in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings and enters the following order:

Order 69 F.

1. Respondent Woodbury Chemical Company, is a corporation organized, existing and doing business under and by virtue of the laws of the State of Missouri, with its offce and principal place of business located at 426 Monterey in the city of St. Joseph, State of Missouri.

Respondents Herbert A. Woodbury, Vera L. Woodbury, Richard W. Douglas and Leonard Everett are offcers of said corporation and their address is the same as that of said corporation. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the pubhc interest.

ORDER It is ordered That respondents Woodbury Chemical Company, a corporation, and its offcers, and Herbert A. Woodbury, Vera L. Woodbury, Richard W. Douglas and Leonard Everett, individually and as offcers of said corporation, and respondents' agents, representatives and employees, directly or through any corporate or other device, in connection with the advertising, offering for sale, sale or distribution of the product STA-THION or any other economic poison in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

Making any statements or representations or disseminatnegate ing any advertisements which are inconsistent with, or contradict any statements set forth on the labeling of any such product or which in any way limit, qualify or detract from any statement appearing on the labeling of any such product.

It is fu?,ther ordered That the respondents herein 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. BE "SON & RIXON co. ET AL. 139 Complaint