answer thereto, testimony, evidence, briefs and arguments of counsel for the Commission and counsel for respondents and the Federal Trade Commission having made its report in writing stating its findings as to the facts with its conclusion drawn therefrom, that said respondents have been and are violating the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes": It is now ordered, That respondents J. G. Dodson and Mrs. C. M. Dodson trading under the name and style of Ironized Yeast Company, or severally or jointly trading under their own names or under any other names, their employees and agents, in connection with offering for sale or selling their product known as Ironized Yeast or any other product of the same or substantially the same composition and ingredients in interstate or foreign commerce or in the District of Columbia, cease and desist from representing in magazines, trade journals, newspapers, or in other periodicals or in house organs, pamphlets, or in radio broadcasts, or in any other advertising matter by words or pictures, directly or indirectly, expressly or impliedly, specifically or in substance— (1) That use of Ironized Yeast can or will end, cause to go away or to vanish over night or disappear over night, indigestion, constipation, nervousness, the tired feeling, or skin eruptions, or that Ironized Yeast can and will free users thereof from such diseases, or that by use of Ironized Yeast such diseases or conditions can and will be cured or relieved, except when they result from or are produced by a deficiency of vitamin B or of iron or of both of them. (2) That skinny or scrawny persons or those deficient in shape or form can or will by use of Ironized Yeast develop well-rounded and curved limbs and otherwise become transformed into shapely persons, or that Ironized Yeast furnishes the means for attainment of beauty or attractiveness, except in so far as the health of persons which have been impaired by deficiencies in vitamin B or in iron or in both may be improved and appetite and weight gained, by the use of Ironized Yeast. (3) That by combination of iron and yeast in Ironized Yeast it is more effective or produces better or more beneficial results than yeast and iron used separately. It is further ordered, That the respondents shall within 30 days after the 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 hereinabove set forth. MINNIE L. FLOURNOY AND MATTIE FLOURNOY, TRADING AS C. J. MOFFETT MEDICINE COMPANY COMPLAINT AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2110. Complaint, May 23, 1934'-Order, July 20, 1934 Consent order requiring respondents, in connection with the sale or offer in interstate commerce of their "Dr. Moffett's Teethina Powder", to cease and desist from representing, directly or by implication, that said product— (a) Has been used for three generations in its present form, is endorsed by doctors or nurses, is the original formula discovered by Dr. C. J. Moffett, or one prepared by a baby specialist, or has any miraculous curative powers; (b) Regulates the stomach or liver or insures healthy sleep, or will relieve stomach or bowel trouble, without restricting such last claim to certain conditions as in the order specified; (c) Will prevent, cure or relieve certain diseases and conditions of infants, including "liver trouble", dangerous illness", and others. or "colds", "high fever", or "feverish conditions", without restricting such last claim as in the order specified; and (d) Is efficacious in the treatment or cure of diarrhea or has therapeutic value in the treatment or relief of constipation, without limiting such claims as specified. Mr. PGad B. Morehouse for the Commission. Mr. Daniel R. Forbes, of Washington, D. C., and Hatcher & Hatcher, of Columbus, Ga., for respondents. COMPLAINT 1 Pursuant to the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes ", the Federal Trade Commission, having reason to believe that Minnie L. Flournoy and Mattie Flournoy, and each of them, copartners, trading under the name and style of C. J. Moffett Medicine Company, have been or are using unfair methods of competition in commerce, as "commerce " is defined in said act, and it appearing to said Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its amended complaint stating its charges in that respect as follows: PARAGRAPH 1. The respondents Minnie L. Flournoy and Mattie Flournoy are copartners, trading under the name and style of C. J. Moffett Medicine Company, with their principal place of business 1 Amended. in the city of Columbus, State of Georgia, and for more than two years last past have been there engaged in the sale and distribution of a proprietary medicine in the form of a powder known and sold under the trade name "Dr. Moffett's Teethina Powder ", an alleged remedy for various diseases and ill conditions of infants. Respondents cause said product when sold to be shipped from their place of business aforesaid through and into various other States of the United States to wholesale druggists and grocers and to retail and chain drug stores for resale to the ultimate consumer, and in a few cases, sales are made direct to consumers by respondents. Teethina powder is purchased by respondents in bulk from George H. Salzgeber, of St. Louis, Mo. It is compounded by him in lots or "batches" of about 60 pounds each, according to the following formulae: By respondents this mixture (insoluble in water) is repackaged in small papers, placing twelve papers in a box, for sale to the ultimate consumer for 30 cents a box and is administered principally to infants with the moistened finger placed upon the tongue of the child, or with syrup or jelly. In the course and conduct of their business as aforesaid, respondents and each of them, are in competition with other individuals, partnerships, and corporations engaged in the sale and distribution, in interstate commerce, of other medicines, remedies and laxatives, efficacious in the prevention, treatment or relief of various similar diseases and ill conditions of infants. PAR. 2. In the course and conduct of their business as aforesaid, by the use of various advertising media such as newspapers, booklets, circular letters, and other printed matter, all used in soliciting and promoting the sale of the aforesaid product in interstate commerce, respondents have represented and do represent extravagantly and falsely, to the public, both by direct statement and by implication, that "Teethina is a famous prescription ", "For three generations it has been used to relieve colic, indigestion, colds, gas constipation, diarrhoea, and such baby ills ", "Endorsed by doctors, "It gently cleanses and regulates the little stomach, and insures restful, healthy sleep ", "Teethina gently and positively regulates baby's liver, bowels, and intestines; nurses Complaint 19 F. T. C. correcting digestion, colic diarrhoea and other stomach disorders", "Teethina, a formula discovered by Dr. C. J. Moffett, an A. M. A. Baby Specialist, will quickly and safely regulate baby's bowels, liver and intestines; and not only that, it prevents food fermentation and stops decomposition of fecal matter in the entire intestinal tract." Certain of the circular matter mailed to prospective customers in different States of the United States contained the statement "Every day we get new evidence of the almost miraculous curative powers of Teethina." And in the foregoing and various and divers other ways respondents have represented and do represent that the aforesaid product, when administered according to directions, is efficacious in the prevention, relief, treatment, or cure of the following diseases and ill conditions of infants, to wit: Stomach trouble Bowel trouble Colic Colds Constipation Cholera infantum Gum inflammations Liver trouble Diarrhoea High fever and feverish conditions In truth and in fact the said product has not been endorsed by reputable doctors or nurses; is not a famous prescription discovered by Dr. C. J. Moffett, an American Medical Association baby specialist, nor by any other physician; the said product as now manufactured and sold has not been used for three generations; the said product is not composed of ingredients, either singly or in combination having the therapeutic or medicinal properties represented as aforesaid; Teethina powder will not cure or correct or relieve colic, indigestion, diarrhoea, or other baby ills regardless of the causation and conditions of such ills, and will not positively regulate baby's liver, bowels, and other stomach disorders regardless of the causation and condition thereof, and will not in all instances cleanse and regulate the stomach, or insure restful, healthful sleep, and while it contains ingredients which have laxative, antiacid and carminative properties, it is not in truth and in fact efficacious in the prevention, relief, treatment, or cure of any of the aforementioned diseases and ill conditions of infants and in many of such conditions could not safely be used without competent medical advice. PAR. 3. Prospective ultimate purchasers believing and relying upon the truth of respondents' aforesaid exaggerated, false, and misleading statements buy Dr. Moffett's Teethina Powder from the wholesalers and retailers as aforesaid and the foregoing extravagant, false and misleading representations and each of them are calculated, and have the tendency to mislead and deceive purchasers, and prospective pur chasers, of respondent's product into the erroneous belief that its use in the manner aforesaid will serve to prevent or remedy the occurrence of these diseases or ill conditions in infants; and to induce the purchase by consumers in reliance upon such erroneous belief; and to divert trade from and otherwise injure competitors of respondents. PAR. 4. The above acts and practices of respondents are all to the prejudice of the public and of respondents' competitors and constitute unfair methods of competition in commerce within the intent and meaning of Section 5 of the Act of Congress entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes ", approved September 26, 1914. ORDER TO CEASE AND DESIST This proceeding coming on to be heard by the Federal Trade Commission upon the amended complaint of the Commission herein issued and respondents' answer thereto waiving all further proceeding and, pursuant to paragraph (2) of Rule III of the Commission's Rules of Practice, consenting that the Commission may make, enter and serve upon them, and each of them, an order to cease and desist from the method or methods of competition in said amended complaint alleged It is now ordered, That the respondents, Minnie L. Flournoy and Mattie Flournoy, and each of them, in connection with the sale or offering for sale in interstate commerce of a proprietary medicine in the form of a powder, known and sold under the trade name, "Dr. Moffett's Teethina Powder ", do cease and desist from representing, directly or by implication, as follows: (1) That in its present form it has been used for three generations; (2) That it is endorsed by doctors or nurses; (3) That in all cases, it regulates the stomach or insures restful, healthy sleep; (4) That it regulates baby's liver; (5) That it corrects or will relieve indigestion, colic, stomach or bowel trouble without restricting such claims to those conditions when caused by gaseous irritation, excessive acidity or improper feeding; (6) That it is the original formula discovered by Dr. C. J. Moffett, or a formula prepared by a baby specialist; (7) That it prevents food fermentation or stops decomposition of fecal matter in the intestinal tract; (8) That it has any miraculous curative powers; 4772-36-VOL 19-11 |