The J. B. Williams Company, Inc.

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

IN THE MATTER OF THE J. B. WILLIAMS COMPANY, INC., ET AL. ORDER, ETC., I:- REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COM:\ISSIO!\ ACT Docket, 8547. Complaint, Dec. lrJ:!-LJecisioll, Nov. 24, 1, Order modifying, pursuant to a final decree of the 1; . S. Court of Appeals Sixth Circuit, ;381 F. 2d 884 (1967) (R S.&D. 524), a cease and desist order, 68 F, C. 481 , issued September 28, 196;) , against a Nev.. York City drug manufacturer by eliminating from paragraph 1 (f) of the order the provision prohibiting representations that the presence of iron de ficiency anemia can be self-diagnosed or can be determined without a medical test conducted by a physician.

MODIFIED ORDER TO CEASE AND DESIST Respondents having filed in the United States Court of Appeals for the Sixth Circuit a petition to review and set aside the order to cease and desist issued herein on September 28, 1965 (68 F. 481 J ; and the court on August 11 , 1967 (8 S. & D. 524), having rendered its decision and entered its final decree aiTrming and enforcing said order to cease and desist except for paragraph 1 (f) of the order; and the time allo\ved for filing a petition for certiorari having expired and no such petition having been filed; lVow, therefore, it is hereby onlc1' That in accordance with the said final decree of the court of appeals, said order to cease and desist be, and it hereby is, modified to read as follows: It is ordend That respondents, The J. B. Williams Company, Inc., a corporation, and Parkson Advertising Agency, Inc. , a corporation, and their offcers, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of the preparation designated Geritol Liquid or the preparation designated Geritol. Tablets, or any other preparation of substantially similar composition or possessing substantially similar properties, under whatever name or names sold, do forthwith cease and desist from: 1. Disseminating or causing to be disseminated by means of the Lnitec1 States mails or by any means in commerce, as "commerce" is defined in the Federal Tracie Commission Act, any aovertisement:

(a) Which represents directly or by implication and without qualification that the preparation is an Modified Order to Cease and Desist 72 F. effective remedy for tiredness, loss of strength, rundown feeling, nervousness or irritability; (b) Which represents directly or by implication that the preparation is a generally effective remedy for tiredness, loss of strength, run-down feeling, nervousness or irritability;

(c) Which represents directly or by implication that the preparation is an effective remedy for tiredness, loss of strength, run-down feeling, nervousness or irritability in more than a small minority of persons experiencing such symptoms;

(d) Which represents directly or by implication that the use of such preparation will be beneficial in the treatment or relief of tiredness, loss of strength run-down feeling, nervousness or irritability, unless such advertisement expressly limits the claim of effectiveness of the preparation to those persons whose symptoms are due to an existing deficiency of one or more of the vitamins contained in the preparation, or to an existing deficiency of iron or to iron deficiency anemia, and further, unless the advertisement also discloses clearly and conspicuously that: (1) in the great majority of persons who experience such symptoms, these symptoms ayc not caused by a deficiency of one or more of the vitamins contained in the preparation or by iron deficiency or iron deficiency anemia; and (2) for such persons the preparation wiJ be of no benefit;

(e) Which represents directly or by implication that tiredness, loss of strength, run-down feeling, nervousness or irritability are generally reliable indications of iron deficiency or iron deficiency anemia; (f) Which represents directly or by implication that the use of such preparation wiJ increase the strength or energy of any part of the body in any amount or time less than that in which the consumer may actually experience improvement;

(g) Which represents directly or by implication that the use of such preparation will promote convalescence from a cold, flu, fever, virus infection, sore throat or any other winter illnesses;

(h) Which represents directly or by implication that the vitamins supplied in such preparation are PAT AND BOBBIE S, INC., ET AL. 867 865 Complaint of any benefit in the treatment or relief of an existing deficiency of iron or iron deficiency anemia. 2. Disseminating, or causing to be disseminated, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of any such preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act, any advertisement which contains any of the representations prohibited in, or which fails to comply with the affrmative requirements , paragraph 1 hereof.

It is further ordered That respondents shall, within thirty (30) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist contained herein.