Fleming Brothers

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In the Marrer or FLEMING BROTHERS COMPLAINT AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 Or AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2014. Complaint, Mer. 1, 19382.—Order, June 8, 1982 Consent order requiring respondent corporation, its agents, etc., in connection with sale or offer in interstate commerce of its so-called “Fleming No, 6 Powder " from representing directly or by implication that said preparation is a preventive or cure of the horse disease known as heaves. Mr. PGad B, Morehouse for the Commission. Mr, Edward Clifford and Mr. H. H. Shinnick, of Washington, D. C., for respondent.

Complaint Acting in the public interest, 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 charges that Fleming Bros., a corporation, has been and is now using unfair methods of competition in interstate commerce, in violation of section 5 of said act, and states its charges in that respect as follows: PanacrarH 1. Fleming Bros. is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Illinois, with principal place of business located in the city of Chicago, State of Illinois. It is now and for more than one year last past has been engaged in the manufacture of veterinary remedies, including an alleged remedy for heaves formerly sold by respondent under the name “Tonic Heave Powders”, and now sold and distributed as “Fleming’s No. 6 Powder”. When sold, respondent causes the said product to be shipped and transported from the place of manufacture in the State of Illinois into and through various other States of the United States to the purchasers thereof. In the course and conduct of the business as aforesaid, respondent is in competition with other corporations, individuals, firms, and partnerships engaged in the sale and distribution in interstate commerce of veterinary remedies and tonics for livestock. Par. 2. In the course and conduct of its business as aforesaid, by the use of various advertising media brought to the attention of prospective purchasers, respondent does represent and has represented falsely both by direct statement and by implication, that the powder or veterinary remedy as aforesaid is an efficient preventive FLEMING BROTHERS 197 196 Order and cure of a disease common to horses known as heaves; that the consumer purchasers of the said Fleming’s No. 6 Powder believing and relying upon the truth of said representation buy this product from the respondent, whereas in truth and in fact the said Fleming’s No. 6 Powder is not an efficient preventive or cure for the heaves. Par. 3. The foregoing false representation is calculated, and has a tendency to mislead and deceive purchasers and prospective purchasers of respondent’s aforesaid product into the erroneous belief that the use of it in accordance with directions will operate as an efficient preventive or cure for heaves in livestock; and to induce the purchase by consumers of respondent’s aforesaid powder in reliance upon such erroneous belief; and to divert trade from and otherwise injure competitors of respondent.

Par. 4. The above acts and practices of respondent are all to the prejudice of the public and of respondent’s competitors, and constitute unfair methods of competition in commerce within the intent and meaning of section 5 of an 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 having come on to be heard by the Federal Trade Commission upon complaint and substitute answer of respondent, in which respondent refrains from contesting the proceeding and and consents that the Commission may make, enter, and serve upon it an order to cease and desist from the methods of competition charged in the complaint, and the Commission being fully advised in the premises having thereupon considered that the respondent has violated section 5 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 respondent Fleming Bros., a corporation and its agents, representatives, servants, and employees, in connection with the offering for sale, or sale, in interstate commerce of a certain preparation or product now sold and distributed as Fleming No. 6 Power, cease and desist from representing, either by direct statement or implication, that said preparation or powder is a preventative or cure of a disease common to horses known as heaves. It is further ordered, That respondent shall, within 60 days after the service upon it of a copy of this order, file with the Commission @ report in writing, setting forth in detail the manner and form in which this order has been complied with and conformed to. 682—33——14 Syllabus 165.7. C,