H. Will Elders

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IN THE MATTER OF .tl, H. WILL ELDERS COMPLAINT, FINDINGS, AND ORDER IN RF:G.Utd TO THE ALLEGED VIOLATION OF SEC. l5 01!' AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 267'3. Co111pluiut, Dec. 28, 1i9:J5-Dccision, Apr, 5, 1931 Where au individual engaged in sale and distribution, under name "Dr. II. Will Elders," or "Dr. Elders," as case might be, of his so·called "Private Prescription" for women, "Laxative Lozenges" and "Private Prescription Sanitary Douc·he"; in advertising the same in periodicals circulated to the vurc.housing public In the various States aud through circulars, letters, and other advertising material, nud through publication of testimonials of . others- :(a) Rrpresente!l, directly or by implication, that hi;, said preparations constitutrd a cure, remedy, or competent and adequate treatment for sterility in women, facts being that causes of such condition are many and varied, nud in many cases are not due to functional weakness, but are result of disease and anatomical abnor·malitles, and that while his said "Filled Prescription," by virtue of Its action ns a general tonic, and tendency to aid nutrition, tPII(tell to relien! ;;terility In cases not due to any diseased or abnornrul condition by aiding und restoring patient to normal health, and might be b<>uetlclnl to t;ome of such cases due to functional weakness, it could not be b!.'rwtlclnl In all of such cnH<'S, including those where such Weakness was result of disease, only effect of said lozenges in connection With treatment of sterility was to give temporary relief In constipation Where such condition might exist and thus be Rl>sociated with such other conditions to be treated, said "Private Prescription Sanitary Douche" did not. in Itself, have curath·e properties in many causative pathological conditions produelng sterility, and his suld medlciues, used either together or singly, did not con>;titute a cure, remedy, or competent and adequate trrutment for such condition in women, nor for diseased conditions which are most frequ<>ntly the cause thereof, and In cases of sterility due to disease or to anatomlcul nbnomrnlitles wouill not be effective in removing the same· and (b) Repr(•sen~ed, as aforesaid, that his said prescriptions constituted a cure, remedy, or competent and adequate treatment for similar diseases generally, and e~pecially for leucorrhra and delayed, painful, and suppressed lllenstruatlon, facts being that, whlle his said "Filled Prescription'' acted as a palJlatlve and gave some relief from pain, It had no curative effects Where any definite pathology existed, and would not cure or remedy ovarian Pains and ,·nrtons other conditions and aliments included in the term "female dlsPases," and bad no effl'<'t on the causes underlying or forming the bnsls of such diseases wlwre a pathological condition existed, and that, while said "Private Prescription Sanitary Douche" was a cleansing sanitary wash and had Inhibitory antiseptic prop<>rtles and some slight inhibitory germicidal properties, It was not a general germicide, ana while Its use might be beneficial to women, whether suffering from female disorders or not, and use thereof would tend to be beneficial In some ways in Complaint 24F.T.C.

certain cases of leucorrhea, it would not be In all such cases, and while some such antiseptic wash was ludicatcd generally in treating vaginal disorders, It did not, in it..:elf, have curative properties In most so-called female diseases, tm<l said medicines, whether used together or singly, did not constitute a cure, remedy, or competent and adequate treatment for such dis- · euses or for leuconhen or for delayed, suppressed, or 11ainful" mPnstrnation·, and were not effective In the treatment of such conditions and diseases where caused by many diseased c·onditlons, and rcpresPntatlons to the contrary wpre neither accurate nor limited enough to express the true therapeutic pffects of said medicines;

'With tendency and capn<·ity to confuse, mislead, and deceive members of the public in the aforesaid particulars and to cause nnd induce them to buy and u~Se said prepnrntionR bPcuuse of the erroneous bt>liefs engendered as above set forth, and to divert trade to him from competitors engaged in the sale iu lntf'rstate tommerce of pn•parations of the Rnme or similar kind as those sold by him, or of those adapted to and u:-;ed for the same general purpost·s for which his said prevumtious were adapted, and with effect ot diverting business to him from competitors, including tho~e who do not make, in any wise, the same or similar misleading rf'presentations, but truthfully aml ac:curatt'ly state the theraveutic effects of their said prepations; to tlwir substantial injury nnd pr('judice: Held, That afore~aid n<'ts and IJfU<"tlef's were to the prpjndire of the public Hlltl t·ompditoi'S uud roHstitntPd unfair ml'thods of eompetitlon. Mr. IlarnJ D. Michael for the Commission.

Nash & Donnelly and Dodds & Burkin.~ha:w, of 'Vashington, D. C., for respondent.

Col\! PLAINT Pursuant to the provisions of an Act of Congress approved September 2G, 1D14, entitled "An Ad to create a Federal Trade Commission, to define its powers nn<l duties, and for other purposes," the Federal Trade Commission having reason to believe that II. 'Viii Elders has been and is using unfair methods of competition in commerce as "commerce" is defined in said act, anti it appearing to said Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PAR.\GRArJI 1. That said rPspmHlPnt, II. Will Eltlers is now and has bP£'n engaged for more than fi\·e yearl:! last p:tst in the sale and distribution in interstate£> commerce of a certain medicinal pr£>parn.tion known and tlescrib£'tl a!o> Dr. II. Will Eld£>rs' Filled Prescription for 'Vomen, ns wPII as of r£'rtain other medicinal preparations uesigned and intendt•d to be used in eomH'ction therewith an<l known and describt>u, respl•rtirely, as Dr. II. Will Eltlers' Private Pr<'scription Sanitary Douche und Dr. Elders' Laxatire Lozenges. The office and principal place of busin£>ss of respoml«:>nt in the conduct of his H. WILL ELDERS 921 l.ll!) Complaint said business is and has been located in the city of St. Joseph in the State of Missouri. Said respondent, in the course and conduct of his said business, causes the said medicines, so sold by him, to be transported in interstate commerce from his said place of business in Missouri to, into and through States of the United States other than Missouri to various and numerous persons in such other States to whom such preparations are or have been sold. PAR. 2. That, during the tinw above mentioned, other individuals, firms, and corporations in various Stutes of the United States are and have been engaged in the sale and distribution in interstate commerce of medicines and preparations similar in kind to those of respondent or intended for and adapted to the uses for which re- ~;pondmt's said medicines are adapted. Such other indivitluals, firms, and corporations have caused and do now cause their said medicines and preparations, when sold by them, to be transported from the various States of the United States where they are located to, into, and through States other than the State of origin of the shipment thereof. Said respondent has been, during the aforesaid time, in competition in interstate commerce in the sale of his said medicines with such other individuals, firms) and corporations. PAR. 3. That respondent, in connection with the sale of his said Inedicines, as aforesaid, has made use of advertisements inserted in n1magazines and other publications circulated to the purchasing public in the various States of the United States. He also has advertised and does now advertise his said medicines by means of circular letters and other advertising material which he causes to be distributed to the Purchasing public in various States of the United States by mail or otherwise.

PAn. 4. That, by the means aforesaid, respondent repre!'ents, either directly or by implication, or by the publication of testimonials of others, that his preparations, as above set out and described, constitute a cure, remedy or competent and adequate treatment for sterility in ''"women. Respondent further represents, by the means and in the manner aforesaid, that his said preparations constitute a cure, remedy or competent and adequate treatment for female diseases generally, and esrwcially for leucorrhea and delayed, painful and suppressed Inenstruation. One such advertisement so used by respondent containing such representations is the following: A nAnY IN YOUR nmm.

SeiPntl~;ts now ~;tate that "Complete unity in life dep<'n<ls on sex harmony" and that the la("k of it is the one great!'st cauf\e for unhnppy marriage~i Also that every woman "has the rupnrity for !'\('X exprrsf'lon" but too oft<'n she is under- 922 FEDERAL TRADE COl\rMISSION DECISIOKS Complaint 24 F. T. C. veloped or suffering with general female disorders, which rob her of her normal desires. During an ex-(PICTURE OF MOTHER AND BABY) verience of more than 35 years specializing in the treatment of diaeases peculiar to women, I devel· OJ•ed a simple home treatment which has brought new hope, l1health and bapplnesR to many thousand!'!. Many who bad been childless for years became proud and happy Mothers. Husbands have written me the most glowing letters of gratitude and now I want every woman who is run-down or suffering from f('male disorders to learn about this splendid treatment, and bow she may use it in the privacy of her own home.

GET THIS KNOWLEDGE FREE In my two booklets, which will be sent in plain wrapper, I intimately discuss many Important subjects relating to the female sex that are vitally interesting to pvery woman. They tell how you too may combat your troubles ns thousnnds of others have and often again enjoy the deslt·es and activities of Nature's most wonderful creation-a normal, fully developed vigorous woman. I will gladly send both books postpnid free. Write today. DR II. WILL ELDERS, Suite 528-E, 7th and Felix Stress, St. Joseph, 1\Io. Representations to the general eflect as above stated have been made by respondent in his advertising matter by quoting from testimonials given by users of his aforesaid medicines. The following excerpts from a few of such testimonials so used by respondent are illustrative of such representations:

Your medicines have improved me greatly. I don't have that s<m•ness and tender feeling, not even when I am menstruating. It bas done wonders to me for as sick as I was. It has saved me the worry of an operation. • • • I used to sutter terribly every month and would have to go to bed and stay some times all day but now I feel fine and when my menstruation periods come I don't have those terrible pains. I nm telling the honest truth I don't belleve I would ever have had a baby if it had not been for your medicine. • • • • • • Will say that Dr. Elders Filled Prescription has ronde a new woman out o:f me.

I wnnt to tllllnk you :for your wonderful treatments I took last fall. I am expecting a baby in October. • • • I know the treatments did tbe work. • • • .Am \'ery glad to let you know thn t the last box of Dr. Elders Filled Prescription :for Women I took has surely helpl•d me out. I am now five months prrg· Tlllnt, and am very glad. I certainly will praise your prescriptlo1i to any woDlnn who wants a family.

• • • It It had not b('en for your treatment I would have been dead. I am glad to be well again after 23 years o:f sickness. • • • I am feeling so fine I just have to sit down and write to you and let you know that your medicine has helped me. • • • I have suffered 2 years with pnln· ful, irrrgulnr menstruntion and tired nc·lling fe('llng. I didn't have any appetite to speak o:f, eating sometimes only once a day but now I Just can't get enough to eat and am feellng fine.

H. WILL ELDERS 923 919 Complaint Other representations made by respondent in his advertising matter in regard to his said medicines include the following: Sanitary Douche (l\1entho-Borodine), my own Private Prescription, offers the Inost speedy relief from this condition (Leucorrhea) of any trt>atmcnt I have ever found.

You are now beginning a treatment • • • which has a most unusual and long record of success in alleviating many cases of painful, delayed or irregular Inentsruation, general female disorders and lack of feeling. Moreover, respondent makes many other representations in his advertising matter of the general effect as heretofore stated. PAR. 5. That in truth and in fact respondent's said medicines do not constitute a cure, remedy or competent and adequate treatment for sterility in women or for female diseases generally, or for leucorrhea or for delayed, painful and suppressed menstru:ttion, nor do they constitute an effective treatment for such diseases and conditions where the same are caused by many diseased and abnormal conditions. Said ~edieines are not beneficial in eases of sterility unless such condition Is due to functional weakness. They act, respectively, only as a Palliative and tonic, as an antiseptic, and as a laxative. The representations of respondent as aforesaid are greatly exaggerated, inaccurate, misleading, anc.l much broader than are justified by the facts. PAn. 6. That the representations of respondent as aforesaid have had and do have the tendency and capacity to confuse, mislead, and deceive members of the public in the particulars as aforesaid, and to cause and induce them to buy and use respondent's said preparations b~cause of the erroneous beliefs engendered as above set forth, and to divert trade to respondent from competitors engaged in the sale of Preparations of the same or similar kind as those sold by respondent or of those adapted to and used for. the same general purposes for Which respondent recommends his said preparations as aforesaid. T~1ere are among the competitors of respondent those who in no 'Wise make the same or similar false and misleading representations as lllade by respondent as herein set out and who truthfully and acculate}y state the uses for which their said preparations may be used and the effects tlwreof .

. !)AR. 7. The above acts and things done by respondent are all to the ~nJ~ry and prejudice of the public and the competitors of respondent ln Interstate commerce within the intent and meaning of Section 5 of an Act of Congress entitled "An Act to create a Federal Trade Com- Jnission, to define its powers and duties, and for other purposes," ap- Proved S<>ptember 26, 1914.

Findings 24 F. T. C. RErOuT, FINDINGS As TO THE FACTs, AND Onder Pursuant to the provisions of an Act of Congress approved September 2G, 1!>14, entitlell "An Act to create a Federal Trade Commission, to define its pmwrs and duties, nml for other purposes," the Federal Trade Commission, on December 28, 1!>35, issued and served its complaint in this proceeding upon respondent, II. Will Elders, charging him with the use of unfair methods of competition in commerce in violation of the provisions of said act. After.r the issuance of said complaint, and the filing of respondent's answer thereto, a stipula· tion as to the facts was agreed upon by and between \V. T. Kelley, Chief Counsel for the Commission, and the respondent by which it was agreed that the statement of facts so agreed upon should be taken as the facts in this proceeliing and in lieu of testimony in support of the charges stated in the complaint, or in opposition thereto. It was further agreed that said Commission might proceed upon such statement of facts to make its report stating its findings as to the facts (including infPrenct>s from said stipulatPll facts) and its conclusion hase<l thereon, awl enter its or<l<'r <lisposing of the proceeding without the present at ion of a rgHmPnt or the filing of briefs. Said stipulation as to the facts has been d11ly l'Pconle<l and file<l in the office of the Commission. Then'after, the proct>t'<ling rP~ularly came on for final hearing lJrfore the Commission on the said complaint, the answer thereto, and the statement of facts agreed to, as aforesaid, in lieu of testimony, briefs and oral arguments of counsel having been 'waived, and the Commission having duly considered the same, and being now fully advised in the premises, finds that this procee<ling is in the inter· est of the p111Jlic, and makes this its findings as to the facts and its conclusion drawn therefrom.

FI~DINGS AS TO THE FACTS PARAGRAPH 1. Said l'('spondent, II. \Vill Elders, is now and has been engaged for more than five years last past in the sale and distribution in commerce of a <'certain medicinal pr!.'paration known and described as Dr. H. Will Elde1·s Filled Pr<'scription for \\"women, as well as of certain other medicinal preparations designed<l and intended to bo used in comwction therewith and known an<l describrcl, respecti,·ely, as Dr. II. 'Vill Elders' Primte Prescription Sanitary Douche and Dr· I%1Prs' Laxative Lozenges. 'fhe office and principal place of business of rl'spontlent in the comlud of his saia husine!-.s is ancl ]ws brPil loratl'd in the city of St .•To!-.lph in the State of ~li~:-.ouri. S 1i<l respondent, in the CO\Ils(l awl cob<luet of his sai<l business, cau~PS the said medicines, so sold hy him, to he transported in interstate com· II. WILL ELDEll.S 925 • Fiudings lllerce from his said place of business in Missouri to, into and through States of the United States other than Missouri to various and numerous persons in such other States to whom such preparations are or h~ve been sold. Respondent's usual course of business is to sell his said medicines direct to members of the public. PAn. 2. During the time above mentioned, other individuals, firms, ~nd corporations in various States of the United States ale and have een engaged in the sale and distribution in interstate commerce of ~edicines and preparations similar in kind to those of respondent or !~tended for and adapted to the uses for which respondent's said medi- ~lnes are adapted. Such other individuals, firms, and corporations ave caused and do now cause their said medicines and preparations, ~h~n sold by them, to be transported from the various States of the thnlted States where they are located to, into and through States other b an the State of origin in the shipment thereof. Said respondent has . een, during the aforesaid time, in competition in interstate commerce ln the sale of his said medicines with such other individuals, firms, ~lld corporations. Such competition has been direct and substantial. Uch competing medicines and pre~arations are sold either direct to members of the consuming- public by mail or through agents or'they ar; sold to wholesale or retail dealers through whom they are in turn 80 ~~ to members of the public.

. An. 3. Respondent, in connection with the sale of his said medi- Cines f 'd I f . . t d . . . 'as a oresa1 , 1as made use o advertisements mser e m maga- :~n~s and other publications circulated to the purchasing public in the arlous States of the United States. He also has advertised and does 11 0~~v advertise his said medicines by means of circular letters and l> er advertising material which he causes to be distributed to the ()~rchasing public in various Stutes of the United States by mail or lerwise te P:n. 4.' lly the means aforesaid, respondent represents, either dithct Y ~r by implication or by the publication of testimonials of others, re at his preparations, as above set out and described, constitute a cure, II'leuy ·1· · Ol' COmpetent and adequate treatment for sterl Ity Ill women.n sa:dsPonuent further rej>resents by the means and in the manner afore-. I t} J , ' 'and' •at Hs satd preparations constitute a cure, remedy or competent for ~adequate treatment for female diseases generally, and especi~lly () ucorrhea and delayed painful and suppressed menstruatwn. 11 d · ' · · ne susent . c \'erhsement so used by respondent contammg sue I1 repre- a ahons . tl f . 1s 1e ollowm(J' · A o' Sct y IN YOUR IIOME. " ~tlld th ts now state that "Complete unity In Ute de!>('nds on sex harmony at the lack of It Is the one greate-At cause for unhappy marriages. Also l4fl711o -~9-vol. 24-flt 926 FEDERAL TRAD"I<; COMMISSION DECISIONS Findings 24 F. T. C. that every woman "has the capacity for sex expression" but too often she is undeveloped or suffering with general female disorders, whfch rob her of her normal desires. During an expert- (PICTURE OF MOTHER AND BABY) ence of more than 35 years specializing in the treatment of diseases peculiar to women, I d~veloped a simple home treatment which has brought new hope, health and happiness to many thousands. Many who had been childless for years became proud and happy mothers. Husbands have written me the most glowing letters of gratitude and now I waut every woman who is run-down or suffering from female disorders to learn about this splendid treatment, and how she may use it in tbe privacy of her own home.

GET THIS KNOWLEDGE FREE In my two booklets, which will be sent in plain wrapper, I intimately discuss many important subjects relating to the female sex that are vitally interesting to every woman. They tell how you too may combat your troubles as thousands of others have and often again enjoy the desires and activities of Nature's most wonderful creation-a normal, fully developed vigorous woman. I will gladly send both books postpaid free. Write today, DR. II. WILL ELDERS, Suite :i28-~ ith and Felix Streets, St. Joseph, Mo. Other representations to the same general effect as stated in the foregoing advertisement have been made by respondent in his adver, tising matter by quoting from testimonials given by users of his aforesaid medicines. The following excerpts from a few of such tes, timonials so used by respondent are illustrative of such repre· sentations :

Your medicines have improved me greatly. I don't have that soreness and tender feeling, not even when I am menstruating. It has done wonders to Jlllt for us sick a:,~ I was. It has saved me the worry of an operation. * * * I used to suft"er terribly every month 11nd would have to go to bed and stay some times all day but now I feel fine and when my menstruation periods come I uon't have those terrible pains. I am telling the honest truth I don't believe- ! would ever have had a baby If 1t had not been for your medicine. * • • • * • Will say that Dr. Elders Filled Prescription bas made a new woman out of me.

I want to thank you for your wonderful treatments I toolc last fall. I BiJJ expecting a baby In October. * • • I know the treatments did the world£· ·• Am. .very glad to let you know that the last box of Dr. Elders Filled Prescrip"" tion for Women I took has surely helped me out. I am now five months pre!:'· nant, and am very glad. I certainly will praise your prescription to any womall who wants a family.

• • • It 1t had not been tor your treatment I would have been dead· I am glad to be well again after 23 years of sickness. • • • I nm feeling so fine I just have to sit down and write to you and let you know that your medicine has helped me. • • • I have suft"ered 2 years witll painful, Irregular menstruation and tired aching feeling. I didn't have 9.n1 H. WILL ELDERS 927 Findings appetite to speak of, eating sometimes only once a day but now I just can't get enough to eat and am feeling fine.

Other representations made by respondent in his advertising n1atter in regard to his said medicines include the following: Sanitary Douche (1\Ientho-Dorodine), my own Private PreRcriptlon, offers the most speedy relief from this condition (Leucorrhea) of any treatment I have ever found.

You are now beginning a treatment • • • which has a most unusual and long record of success in alleviating many cases of painful, delayed or Irregular menstruation, general female disorders and lack vf feeling, Respondent makes many other representations in his advertising matter of the same general effect as heretofore stated. PAR. 5. The qualitative formula for said Dr. H. Will Elders' Filled Prescription for \Vomen, with quantitative formula per tablet, is as follows:

Powdered Viburnum Opulm>----------------------- %gr. Powdered Gentian-------------------------------- 1 gr. Powdered Ferrous Sulphate-Dried _______________ _ 1 gr. Arsenous Acid------------------------------------ 1/80 gr. P. E. Cascara Sagrada ____________________________ _ 1/12 gr. Powdered Hydrastis------------------------------- 1 gr. Powdered Aletris _______ :_ ________ :..---------------- 1 gr. Powdered Caulophyllum __________________________ _ 1% gr. Powdered Pulsatilla ______________________________ _ 1 gr. Powdered Cimicifuga _____________________________ _ 1 gr. Desslcca ted Corpus Lntea (Sow)------------------ lf2 gr. The dosage for said medicine, as recommended by respondent, Is one to two tablets at meal time three times a day. The qualitative formula for said Dr. Elders' Laxative Lozenges, With quantitative formula per tablet is ns follows: Cascarin------------------------------------------------ lA gr. Aloin--------------------------------------------------- ~gr. l'odophyllum llesln (U. S. 1'.) --------------------------- %gr. Strychnine Sulphate _____________________________________ *so gr. Ext. Belladonna Len ves-------------------------·-------- ~r, gr. Oleoresin Ginger---------------------------------------- % min. The dosage for said last named medicine, as recommended by respond<'nt, is one to two lozenges on retiring or one lozenge before llleals.

The formula for Dr. II. Will Elders' Private Prescription Sanitary Douche, based on a quantity of 101 pounds, is as follows: norate Tetra----------------------------------------- 100 lbs. Cbloraruine-T _________________________________________ uoo grms. 1\It>nthol Crystals-------------------------------------- 200 grs. The directions for use of said last named preparation, as given by ~'t>spondent to his customers, are to dissolve one teaspoonful in one 928 FRDERAL TRADF. COMMISSION DECISIONS Findings 24 F. T. C. quart of hot water and use as a vaginal douche by means of a syringe each night until improvement and then every second night. · Respondent's said medicines are directed to be used together in the treatment of the conditions for which respondent recommends them and are usually so used.

PAR. 6. Respondent's said medicines when used either together or singly do no constitute a cure, remedy or competent and adequate treatment for sterility in women, nor for diseased conditions which are most frequently the cause of sterility. In cases of sterility due to disease or to anatomical abnormalties, such medicines would not be effective in removing the condition. Neither do said medicine~ used together or singly constitute a cure, remedy or competent and adequate treatment for female diseases or for leucorrhea or for delayed, suppressed or painful menstruation, nor are they effective in the treatment of such conditions and diseases where the same are caused by many diseased conditions. Representations to the contrary are neither accurate nor limited enough to express the true therapeutic effects of said medicines.

Said medicine, Dr. H. Will Elders' Filled Prescription for Women, may be beneficial in some cases of sterility due to functional weaknt•ss, but it is not beneficial in all such cases, including those cases where the functional weakness is the result of disease. The causes of sterility are many and varied. Many of such cases are not due to fundional weakness, but are the result of disease and anatomical abnormalties. Said medicine acts as a general tonic and tends to aid nutrition. In this way it would tend to relieve sterility in cases not due to any diseased or abnormal condition by aiding in restor· ing the patient to normal health.

Said medicine acts as a palliative and gives some relief from pain. It has no curative effects where any definite pathology exists. It will not cure or remedy ovarian pains, uterine displacements, leu· corrhea, pus tubes, enlargement or inflammation of the generative organs, fibroids of the uterus, cyst of the ovary, cancer of the uterus, infections of the uterus or of the Fallopian tubes, all of which are included in the term "female diseases." It has no effect on the causes underlying or forming the basis of female diseases where a patho· logical condition exists.

Respondent's said medicine Dr. Elders' Laxative Lozenges is ll laxative. Its only effect in connection with the treatment of sterility' and of female disorders is to cause an evacuation of the bowels and to give temporary relief in constipation, where such condition may' exist, and thus is associated with such other conditions to be treated· Respondent's said medicine Dr. H. 'Will Elders' Private Prescrip· H. WILL ELDERS 929 Order tion Sanitary Douche is a cleansing, sanitary wash. It has inhibitory antiseptic properties and some slight inhibitory germicidal properties but is not a general germicide. Its use may be beneficial to women, whether suffering from female disorders or not, by promoting cleanliness and desirable hygienic conditions in the vagina. Its use would tend to lessen the discharges in some cases .of leucorrhea but not in cases of leucorrhea due to gonorrhea. Some such antiseptic wash is indicated generally in treating vaginal disorders. However, it does not in itself have curative properties in many causative pathological conditions producing sterility and most socalled female diseases.

PAR. 7. The representations of respondent, as aforesaid, have had and do have the tendency and capacity to confuse, mislead, and deceive members of the public in the particulars as aforesaid, and to cause and induce them to buy and use respondent's said preparations because of the erroneous beliefs engendered as above set forth, and ~o divert trade to respondent from competitors engaged in the sale Ill interstate commerce of preparations of the same or similar kind as those sold by respondent or of those adapted to and used for the same general purposes for which respondent's said preparations are adapted.

PAR. 8. There are among the competitors of respondent, in the sale of his said preparations, those who do not make in anywise the same or similar misleading representations as made by respondent, as herein set forth, but who truthfully and accurately state the thera- Peutic effects of their said preparations. Respondent's said acts and Practices tend to and do divert business to respondent from its com- Petitors, to the substantial injury and prejudice of such competitors. CONCLUSION The aforesaid acts and practices of the respondent, H. Will Elders, are to the prejudice of the public and of respondent's competitors, a;:d constitute unfair methods of competition in commerce, within ~ e intent and meaning of Section 5 of an Act of Congress, approved ~pt~mber 26, 1914, entitled "An Act to create a Federal Trade Comlnission, to define its powers and duties, and for other purposes." ORDER TO CEASE .AND DESIST . This proceeding having been heard by the Federal Trade Commis- Sion upon the complaint of the Commission, the answer of respondent, and an agreed statement of facts in lieu of testimony, briefs and oral argument having been waived, and the Commission having h'lstde its findings as to the facts and its conclusion that said respond- 930 FEDERAL TRADE COl\IJ.VIISSION DECISIONS Order 24F. T.O.

ent has violated 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 ordered that the respondent, H. ·wm Elders, his representatives, agents, and employees, in connection with the offering for sale, sale and distribution of his medicinal preparations known and described as Dr. H. 1Vill Elders' Filled Prescription for Women, Dr. H. Will Elders' Private Prescription Sanitary Douche and Dr. Elders' Laxative Lozenges, or of any preparations of the same or similar formulae, in interstate commerce or in the District of Columbia, do forthwith cease and desist from representing, directly or indirectly, or by implication, or by use of the statements, endorsements, or testimonials of others:

1. That said medicinal preparations, or any of them, constitute a cure, remedy, or competent and adequate treatment for sterility in women.

2. That said medicinal preparations, or any of them, are beneficial in the treatment of sterility in women unless such representations are specifically limited to cases of sterility due to functional weakness.

3. That said medicinal preparations, or any of them, are beneficial in all cases of sterility in women due to functional weakness or that they are beneficial in such cases where the functional weakness is the result of disease.

4. That said medicinal preparations, or any of them, constitute a cure, remedy, or competent and adequate treatment for so-called female diseases or troubles, or for leucorrhea or for delayed, painful, or suppressed menstruation, or for the pathological contlitions producing or that may cause the same.

5. That said medicinal preparations, or any of them, are beneficial in the treatment of leucorrhea unless such representations are limited to such cas~s not due to gonorrheal infection and also limited to the sedative effects of the said Filled Prescription and to the antiseptic and soothing effects of said Sanitary Douche. 6. That said medicinal prep:uations, or any of them, are beneficial in the treatment of delayed, painful or suppressed menstruation unless such representations are limited to relief from pain and to the sedative and palliative effects of said Filled Prescription in cases where no definite pathology exists.

It is further ordered, That the respondent shall, within CO days after service upon him of this order, file with the Commission ll report in writing, setting forth in detail the manner and form in which he has complied with this order.

LANDON & WARNER 931 Syllabus