Korjena Medicine Co

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IN THE MATTER OF KORJENA MEDICINE COMPANY AND JEROME GLADKE, DOING BUSINESS AS KORJENA MEDICINE COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 0];' AN ACT 01!' CONGRESS APPROVED SEPT. 26, 1914 Docket 2G85. Complaint, Jan. 1~, 1936-Deciaion, Apr. 6, 1938 Where a proprietorship and individual engaged In offer, sale, an(} distribution of so-called "Korjena," preparation for reducing and obesity; in selling same tl::rough mails and other carriers in channels of interstate commerce, and by means of newspaper advertising, circulars, labels, container box displays, and written and oral statements by said Individual and his agents and employees, and by other forms of advertising and sales promotion circu-lateu and distributed to customers and prospective customers and members of the purchasing public In the various States and in the District of Columbia- ( a) Represented, on letterheads, invoices, containers, and circulars, as case might be, that said individual was president and general manager of said company, and that same was a corporation, facts being that he was neither, and said company was not a corporation, but a proprietorship owned and operated by him under aforesaid name as trade name; (b) Represented that said company was manufacturer of "Korjena" and owned and operated apparatus and machinery for that purpose, and laboratories, through such statements as "Manufacturers" and "Laboratories and General Offices," etc., facts being it neither owned nor operated any manufacturing apparatus or machinery or laboratories, either at given address or elsewhere; and (c) Represented that said product was drugless and safe and harmless for consumption and constituted a safe and sure way for reducing and a new and scientific treatment for such purpose, and that It cut down moisture immediately, rendered fat liquid, had approval of medical profession, and contained two important ingredients which banished weight-inducing poisons and worked against fatty foods and caused fat to melt away from 7 to 10 pounds in 2 weeks, and that weight disappeared and physical loveliness returned ;

Facts being there are no such "weight-inducing poisons" known to medical science, nor is there any scientific treatment or remedy applicable to all cases or causes of obesity, tablets in question are not a scientific treatment or remedy for any case or cause thereof, nor a sure way of bringing about Pet·manent reduction in weight, and product, as compounded, Is prlmarlly a laxative or purgative, and has effect of such a product, and, as presently compounded, three doses constitute limit with which same can be taken Without expectancy of injurious effects to some individuals ; \With tendency and capacity to mislead and deceive purchasers and prospective purchasers of drugs and other prepared products used or useful in treatment of obesity or reduction of weight into false and erroneous belief that said reprl'sentations were true and into purchase of said product in reliance thereon, and thereby unfairly to divert substantial trade in such commerce COl\IMI~SION DECISIONS 1014 FEDERAL TRADE Complaint 20 F. T. ('. to said proprietorship and individual, from <'ompetitors who do not engage in making false and misleading representations to induce sale and distrii.Jntion of their products, and to the bene tit and profit of the former : Jleld, That said acts and practices were to the pr(.'jndice of the public and competitors and constituted unfair methods of competition. Before Mr. John J. Keenan, trial examiner.

Mr. Jay L. Jackson for the Commission.

11/r. Walter L. Post, of New York City, for respondents. Col\IPLAINT Pursuant to the provisions of an. Act of Congrrss npprovrd SPptember 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other pmposes," the Federal Trade Commission having reason to believe that Korjpnn. l\Iedicine Company and Jerome Gladke, an individual, and doing business as Korjena Medicine Company, have been and are now using unfair methods of competition in commerce as "commN·cp'' is clefinNl in said act, and it appearing to said Commission that n. procPI'<lin~ by it in respect thereof would he to the public interest lwrPby issurs hs complaint stating its charges in that respect as follows: PARAGRAPH 1. Respondents, Korjena l\Iedicine Company and .Jerome Gladke, an individual, are trading as Korjena Medicine Com· pany, with their office and principal place of business in the city of Elmira in the State of New York. Respondents are now and for ::t considerable period of time immediately heretofore lm ve been engaged in selling, offering for sale, and distributing in conunerce among and between the various States of the United States, and in the District of Columbia, a prepared product called "Korjena," described as a tablet and represented as a fat-reducing agent and ll remedy for obesity and overweight. Said respondents have caused and now cause said product, when sold or ordered, to be shipped and transported from the State of origin thereof to various States of the United States other than the State of origin of said shipment and to the District of Columbia, in the course and conduct of which re· spondents have been and are now in competition with corpomtions, partnerships, and with other firms and individwds engagPu in like ~commerce.

PAR. 2. In the course and conduct of thl' business, as aforl'said, respondents have sold an<l now sell the said product "Korjena" bY lise of the mails, by use of interstate carriers, and other channels of interstate commerce, by means of radio broadcasts, newspapers, p:unphlets, periodicals, labels, and other forms of literature and advertising which have had or have a circulation in and throllgh the various KORJE:N A .MEDICINE CO. ET AL. 1015 1013 Complaint States of the United States and in the District of Columbia, and also in circulars, carbon box displays, labels, pamphlets, printed matter, and other forms of advertising and promotion, including radio broadcasts and statements by respondents and by agents, employees, and representatives of respondents, which have been and are circulated and distributed to customers and prospective customers in and through the various States of the United States and in the District of Columbia, in the course and conduct of which said respondents have made and now make false and misleading statements and representations all to the injury of the public and to the injury of competitors of said respondents.

Jlar. 3. In the course and conduct of the business, adrertising, promotion, sale, and offering for sale of the said "Korjena" product, ns aforesaid, said respondents have authorized, published and made, and now authorize, publish, and make, the following statements and representations, among others, to wit:

[Note.-The quoted matter which follows at length in the complaint at this point and is reproduced verbatim in the findings infra at p. 1021, as respects parts thereof, numbered (1) to (5) inclusive, is, as to such parts, omitted here in the interest of brevity, balance thereof being as below set forth.] (6) Newspaper ads hy respondents, independently nnd jointly with other advertisers :

l<'AT DANGEROUS Get Rid or It Qni(·k ! Pic·tnre omitted.) No need for undue nlarm, but it !<should be pointed out that fat interferes "'ith the blood circulation, strangles heart action, shortens life. Fat folks tire ~'asy, get wlnd!'d quick, li>e in sluggish discomfort. Get rid of fat-harmlessly, easily, plea~antly-by using tlle means employed by nature to build fat as the lrteans of getting rid of it. REVER&E THE ENTIRE FAT-!\IAKING PROCl!:~s. That's the secret of Korj<>na, and Korjena alone does it. It calls a halt on fat formation. Then it harmlessly, decently, quietly, tears down accumulntl'd fat. Till' system doesn't know what's hap}X'nlng. Start with Korjlena torlay. Laugh with joy as you see pounds di>1apJ1car, often 7-10 in a single treatment, while living In comfort, eating as you please. Very first box of l<orjena must sntif'fy or money refunded. $1 packagt', now ______ (j!J¢. NOW LOSE FAT 7-10 lbs. in Z weeks Xo Starving-Do This and Im·hps or Fat !\[elt Away Ir You want to lose fat-inches otr wai:-<ts, busts, hips or arms, here's the Way doctors suy is SAFE, sure and easy. EAT ALL YOU WANT, just (·llt down on sweets and do this: After ('ach lllPal take a Korjena Tahl!'t with 1016 FEDERAL TRADE COl\1l\IISSION DECISIONS Complaint 26F.T.C water. This cuts down moisture weight instantly. Fat disappears and physical loveliness returns. Korjena-harmless--drugless-contains two important in• gredients. One banishes weight-inducing poisons. The other works against fatty food. Fat melts away-7-10 pounds in 2 weeks. Try this way. Take Korjena.

MARSHALL'S NOW LOSE FAT 7-10 lbs. in 2 weeks No Starving-Do This and Inches of Fat Melt Away If you want to lose fat-inches off waists, busts, hips, or arms, here's tte way doctors say is SAFE, sure and easy. EAT ALL YOU WANT, just cut down on sweets and do this: After each meal take a Korjena Tablet with water. This cuts down moisture weight instantly. Fat disappears and physical loveliness returns. Korjena-harmless-drugless-contains two important ingredients. One banishes weight-inducing poisons. The other works against fatty food. Fat melts away-7-10 pounds in 2 weeks. Try this way. Take Korjena. (Sold on money-back guarantee) At All WALGREEN STORES DOCTOR LOSES FAT 39 lbs. Tells llow (Picture omitted.) Doctor who developed a remarkably, quick and l:'asy way to take fat otf himself, now gives his prescription to the world. It is called Korjena. A new and different way to lose weight WHILE YOU EAT ALL YOU WANT. It's so easy, you simply take one tiny tablet after meals. Swiftly Korjena banishes that bloated distressed fe(,!ling, then works 011 fatty tissue ami dis· solves it away. You actually lose from 3 tO< 7 pounds first two weeks. Medical science has proved that Korjena is SAFE. Does not affect the benrt, the glands, or stomach. Korjena does just one thing exceedingly well-It takes pounds and inches off chin, neck, arms, waist, hips and gives you that colll· plete slenderness which makes women attractive. Korjena costs only few cents a day. Try this marvelous prescription. In two weel•s you will be de· lighted with the results or your money refunded. On Sale At DEAN'S CUT RATE DRUG STORE 84 l\lain St.

I<ORJEN A MEDICINE CO. ET AL. 1017 1013 Complaint (7) Radio broadcasts, among others, by r{'!'pondents independently or jointly with other advertisers, ovl'r station KFWB. Hollywood. California (Continuity) :

KFWB TUESDAY, July 3, 1034 12: 45 P. l\1.

OPENING AN~OUNCE:\IENT:

CHIMES ANNOUNCER:

The modern woman demands youth and beauty-but she can't look youthful, ~;he can't be beautiful, if she's too FAT. Let Miss 1\Iary Blake of the KORJENA LABORATORIES tell you how modern mln and women are losing weight quickly and safely. 1\Iiss 1\Iary Blake.

BLAKE:

When you looked in your mirror this morning, what did you see? A woman trim, neat of fnce and figure, a picture which pleased you; or a woman a little old looking, a little tired looking. a little puffy as to fact. and figure-in other words FAT. Isn't it a crime what too many pounds can do to any woman's iooks? And tllllt isn't the worst of it-wlw can feel alert, bright, and' happy With pounds and pounds of superfious fat making themselves felt-and seen? Writ then, why not do "omething about it? I know. 1\Iost methods of weight reduction have been unsatisfactory. Dieting weakens resistance and ruins dis- Dositions. Exerci:<e is wearying if enough is taken to have any effect on over- Weight, and what with this and tllat to be done, you can't afford to start the day tired out. But have you heard of the new scientific method of weight reduction by which many are losing as much as seven to ten pounds In two weeks 1eithout dieting, without exercising? A method which Is safe-harmless-yet without drugs? Such ls the KORJENA 1\IETHOD of weight control. All you have to take is one tiny easy-to-take KORJENA tablet before each meal, and allow It to work with nature in dissolving fatty tissues, and ridding the system of toxins and weight-inducing poisons. Sounds almost too good to he true doesn't it? But that's the story of KORJENA, which is 'recommended by modern doctors everywhere. If you're burdened down with too many pounds-if you've just sort of let yourself go thinking "what's the use, I'm just too fat and what's to be done about lt?"-what a thrill is In store for you when you see those pounds n1elt away, and inches disappear from places where inches had no right to be! 1\:0RJENA-K-0-R-J-E-N-A~costs so little-just one dollar for a two weeks supply, and it's sold with a money·back guarantee. GPt it at any Owl, Thrifty, Sontag, Smile Store, and other leading drug stores. RECORD----------------------------------------------------------------- CLOSING ANNOUNCE:\IENT:

BLAKE:

Any doctor wlll tell you that too much fat Is not only ugly it is often actually dangerous to health. In addition, no woman can afford to lose her charm. Tbe lllodern woman demands youth and beauty, and she knows she can't be attractive it she's too fat. So she doesn't star"l'e herself, and weaken her resistance and ruin her disposition; she doesn't exercise violently and de"\'£> lop hard muscles; she simply takes one tiny KORJENA tablet before each meal, and watches the fat disappear and the inches \'anish from the places where they were not meant Complaint 26F.T. C.

to be. Think of that-many womPn are losing from seven to ten pounds in two weeks SAFELY, SCIENTIFICALLY, without dieting, without exercising. The only thing you muf:t do is to cut down on sweets-and of course be faithful in taking one KORJENA T.\BLET b£>fore each meal. Otherwise eat what you please. Three big meals a day il you like. Why not weigh yourself today, start taking one KORJE::-IA tablet before each meal, and weigh yourself again in 1wo weeks-then see if you don't agree that the KORJENA way is the ideal method of getting rid of excess, unattractive !at. KOR.JENA, spelled K 0 n .J EN A--<'O'<ts but one dollar for a two we4?l>:s supply, is ~;old on a mon4?y-back guarantee, and will be found at all Owl, Thrifty, ~ontag, Smile ~stores and all l4?ading drug stores.

PAR. 4. In the course and conduct of the business aforesaid, and in the advertising, promotion, selling, and offering for sale of respondents' Korjena product, as aforesaid, respondents and their agents, employees, and representatives have falsely and misleadingly stated, represented and implied and now falsely and misleadingly state, rPpreSPnt, and imply that Jerome Gladke is the president and general manager of the Korjena Medicine Company, manufacturers of "Korjena," with laborntori('s and genl'ral offices at 103-7 West Church Street, Elmira, N. Y.; that said Korjena Medicine Company is a corporation, owns and operates apparatus and machinery, manufactures the said Korjena product, and owns and operates laboratories; whereas, in truth and in fact, the said Korjena Medicine Company is merely an assumed trade name and is not incorporated; Jerome Gladke is not the president and general manager of said Company or of said Company as a corporation; respondents do not manufacture the said Korjena product, do not own or operate any apparatus or machinery, and do not own and operate laboratories, either at 103-7 'Vest Church Street, Elmira, N. Y., or elsewhere. In the course and conduct of the business aforesaid, and in the advertising, promotion, selling, and offering for sale of respondents' Korjena product, as aforesaid, respondents and their agents, employees, and representatives have further falsely and misleadingly stated, represented, and implied and now falsely and misleadingly state, represent, and imply that the said "Korjena" is drugless; that it is safe for human consumption and harmless; that it is a reducing agent for body fat and overweight; that it is a remedy for excessive body weight; that it is a new and scientific treatment for reducing body fat and body weight; that it was discovered by a doctor and is prescribed by doctors; that it has the approval of the medical profession in general; that it is a safe and sure way for reducin,... body fat and body weight; that it cuts down moisture weight insrantlYi that weight disappears and physical loveliness returns; that it contains two important ingredients, which banish weight inducing poisons and work against fatty foods; that fat melts away frofll 1\.0RJEN A l\IEDICINE CO. ET AL. 1019 1013 Findings seven to ten pounds in two weeks; that fat is dangerous; and that "Korjena" is a cure for body fat and excess body weight; whereas, in 1lut h and in fact, the said product is not drug less; is not safe for human consumption and harmless and cannot be taken with impunity by all who may use the same; is not a body fat or overweight 1·educing agent; is not a remedy for excessive body weight; is neither new 11or a scientific treatment for reducing body fat and body weight; Was not discoverNl by n doetor; is not prescribed by doctors; does not have the npproYal of the medical profession in general, substantially~ or at a 1l; is not a safe and sure way of reducing body fat and body Weight; does not cut down body moisture instantly; does not cause }lhysical loveliness to return; d(){'s not nnd cannot banish weight inducing poisons or work against fatty foods; does not melt fat away from 7 to 10 pounds in 2 weeks or at all; fat is not dangerous, and "Korjena ., is not tt cme fot· body fat or excessive body weight. PAn. 5. That the aforesaid false and misleading statements made by respondents in the sale of the said "Korjena" product have had and have the tende11cy a11tl capacity to mislead and deceive and do mislead and deceive the purchasing public into the erroneous belief that said statenwnts and representations are true; that respondents' socalled "KorjPtUt ., tablets are a cure, remedy and preventative for fatness, obesity and body fat and excessive body weight. Said statelnents and representations have tended to induce and have induced the })urchase of respondents' product in reliance on such erroneous beliefs, in consequence of which trade has been and is diverted to respondents from their competitors who do not misrepresent their products, all thereby substantially injuring competition and competitors of respondents in interstate commerce.

PAR. 6. The above acts and practices of respondents are to the injury and prejudice of the public and to competitors of respondents in interstate commerce within the meaning and intent of Section 5 of an Act of Congress, approved September 26, 1914, entitled "An .A..ct to create a Federal Trade Commission, to define its powers and duties, and for other purpo::>es."

REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of an .Act of Congress, approved Sept('Jnbl'r 26, 1914, entitled "An Act to create a Federal Trade Com- ~"ni:;sion, to defiue its powers and duties, and for other purposes," the Federal Trade Commission on January 14, 1936, issued, and on January 17, 1936, served, its complaint in this proceeding upon ~respondents, Korjena Medicine Company and Jerome Gladke, an 1lldividunl, doing business as Korjena Medicine Company, charging 1020 FEDERAL TRADE COl\IMISSION DECISIONS Findings 26F. T.C.

said respondents with the use of unfair methods of competition in commerce in violation of the provisions of said act. After the issuance of said complaint, and the filing of respondents' answer thereto, testimony and other evidence in support of the allegations of the complaint were introduced by Jay L. Jackson, attorney for the Commission, before John J. Keenan, an examiner of the Commission theretofore duly designated by it, and in opposition to the allegations of the complaint by \Valter L. Post, Attorney for the respondents, and said testimony and other evidence were duly recorded and filed in the office of the Commission. Therefore, this proceeding regularly came on for final hearing before the Commission on the said complaint, and the answer thereto, testimony and evidence, brief in support of the complaint, and respondents not having filed any brief or requested oral argument in opposition to said complaint; and the Commission having duly considered the same and being now fully advised in the premises, finds that this proceeding :is in the interest of the public, and makes this its findings as to the facts and its conclusion drawn therefrom:

FINDINGS AS TO THE F.\CTS PARAGRAPH 1. Respondent, Korjena Medicine Company, is a proprietorship controlled, owned, and operated by respondent, Jerome Gladke. Respondent Jerome Gladke is an individual doing business and trading under the name and style of Korjena Medicine Company. The office and principal place of business of said respondents is located at 103-7 \Vest Church Street, in the city of Elmira, in the State of New York. On the 14th day of January 1936, and for a considerable period o£ time immediately and continuously theretofore, respondents were, and since that date have been, engaged in the business of offering for sale, selling, and distributing in commerce among and between the various States of the United States, and in the District of Columbia, a prepared product called "Korjena," described as a fat-reducing agent and a remedy for obesity and overweight. Said respondents have caused, and cause, said product, when sold or ordered, to be shipped and transported from the State o£ New York to wholesale and retail purchasers and sellers thereof located in various States of the United States other than the State of New York, and in the District of Columbia.

In the course and conduct of the business aforesaid, respondents have been, and are, in competition with corporations, partnerships, and with other firms and individuals engaged in the business of offering for sale, selling and distributing-. in comme-rce among and between the various States of the United States, and in the District KORJENA MEDICINE CO. ET AL. 1021 1013 Findings Qf Columbia, preparations and products described and used as a ~treatment for obesity and ove.rweight and products which are similar m nature and use to the products of respondents. PAR. 2. Respondents have sold and sell the aforesaid "Korjena" product by means of the United States mails and other carriers in the channels of interstate commerce and by means of newspaper advertising; circulars, labels, container box displays, and written and oral statements by respondents and agents and employees o£ respond- -ents, and by other forms of advertising and sales promotion, which have been, and are, circulated and distributed to customers and prospective customers and to members o£ the purchasing public in general located in the various States o£ the United States, and in the District of Columbia, in the course of which it has been, and is, the practice of respondents to authorize, publish and make, and to cause to be distributed, by the mediums hereinafter, indicated the following statements and representations, among others, to wit: (1) Letterheads:

Korjena Medicine Company Manufacturers of KORJ'ENA Sold Exclusively at the Leading Store in Principal Cities Jerome J. Gladke President & Gent. Manager Laboratories and General Offices 103-7 W. Church St.

Elmira, N.Y.

"For Excessive Fat Specify KORJENA"

(2) Invoices:

Korjena Medicine Co.

Jerome J. Gladke Manufacturers of Laboratories President & Gent. KORJENA and General Offices Manager A Scientific Treatment 103-7 W. Church St. for the Reduction of Elmira, N. Y. Excessive Fat (8) Pasteboard container:

KORJENA A Scientific Treatment for the Reduction of Excessive Fat Price $1.00 Korjena Medicine Co.

Genuine Laboratories Elmira, N. Y., U. S. A. l6045lm--39--vol.26----67 Findings 26F.T.O.

This treatment is Guaranteed HARMLESS Reg. U.S. Pat. Off. © 1931 K. M. Co.

DIRECTIONS Take 1 tablet after each meal with enough water to swallow easily. These tablets should be faithfully taken regularly as directed. Two or three pack· ages are usually required for the best result.· IMPORTANT Watch Your Weight Weigh yourself before starting this treatment. Weigh yourself again In Two Weeks. These tablets are guaranteed HARMLESS. This package contains 42 Korjeua Tablets Two Weeks Treatment ( 4) Small boxes in which Korjena is packed for shipment: Korjena Medicine Co.-Laboratories- Elmira, N. Y., U. S. A.

(5) Circular:

IMPORTANT Mr. Foreman :

In setting please follow style indicated closely, especially as to bold! tace Gothic headlines. Same size, FAT always ln caps. This ls NECESSARY to make copy effective and justify further advertising. KORJENA MEDICINE CO.

Copyright, 1935 Korjena Medicine Co.

RENDER FAT To Lose Pounds Ugly Pounds Pour Off When Fat 1s Made Liquid (Picture omitted) You can't open your body and take out surplus fat, then how can yon lose weight unless you render the fat, as you do when cooking fat or suet? New; Improved Korjena Tablets "renders fat"-makes the fatty tissue IJeCO~ t liquid-then It naturally passes out of your body through elimination- 8 melts away 7-10 pounds first two weeks.

KORJF.NA :MEDICINE CO. ET AL. 1023 101.,3 Findings Quickly ugly fat disappears from bust, neck, arms, legs, waist, hips. Your' new slenderness is appealing and once again you enjoy wearing the smart dresses and pretty things that make you attractive. We recommend the New-Improved Korjena Tablets. They are absolutely harmless-Guaranteed SAFE-learn how easy and quick it is to lose fat with Korjena. Yer:v first box must satisfy or money back. Korjena $1, our special Jlriee 89¢. • • :aJR. DIIUGGIST;

Please include the above instructions to Foreman, when sending Ad to llewspaper. This is IMPORTANT.

PAR. 3. As more fully appears from the foregoing, in the course of offering for sale, selling, and distributing the said Korjena, the respondents state and represent that Jerome Gladke is the president a~d general manager of the Korjena Medicine Company; that the Said company is a corporation; that the said company is a manu- ~acturer of Korjena and owns and operates apparatus and machinery 0 ~ that purpose, and owns and operati's laboratories.s; whereas, the ~~Id statements and representations are wholly false and \mtrue in at Jerome Gladke is not the president and general manager of said ~Oihpany or of said company as a corporation; that said company ~~not. a corporation but is a proprietorship owned and operated by e s:nd respondent Jerome Gladke under the name thereof as a trade ~a me; that said respondents do not manufacture the said Korjena lhrod~ct, do not own or operate any manufacturing apparatus or \V'Iclunery, and do not own or operate laboratories either at 103-7 ist Church Street, Elmira, N. Y., or elsewhere. in n the c~urse and conduct of the business of offering for sale, sella g, and distributing the aforesaid Korjena product, as more fully ears above, respondents further state and represent to customers dr ~ 0 the buying public at large that the said Korjena product is cu t~g fess, safe for human consumption and harmless, a remedy and fo;e. or ~ody fat and excessive body weight, and a safe and sure way tifi teducmg body fat and body weight; that it is a new and a sciendo~ treat!llent for reducing body fat and body weight; that it cuts dis n lnotsture immediately; that it renders fat liquid; that weight of ~Appears.and physical loveliness returns; that it has the approval tant 1 ~ rnedi~al profession in general, and that it contains two imporagain~~1redients which banish weight-inducing poisons and work in 2 Weekastty foods, and causes fat to melt a way from 7 to 10 pounds p .

lllisl~:·d~· The foregoing statements are, and ea~h of them is, false and mg. fol f tabdlet of the said Korjena product is a compound of the ng rugs and ingredients: Phenolphthalein, leptandrin, Findings 2GF. T.C.

phytolacca, iodine, resins, calcium as calcium carbonate, and mineral oil. The aforesaid product as compounded is primarily a laxative or purgative being composed of the laxative drugs, phenolphthalein, leptandrin, and phytolacca. These drugs are known as gastro-intestinal irritants because of their effects upon the gastro-intestinal tract and each of them has dangerous properties for harm and injury to human beings when taken internally, the period required for producing such effects depending upon the idiosyncracies of each individual. As presently compounded or constituted, three doses of the said tablets is the limit within which the same can be taken without the expectancy of injurious effects to some individuals. The product cannot, therefore, be represented as drugless, safe, or harmless.

The said Korjena tablets would not be useful in the treatment of obesity resulting from hypothyroid conditions and cannot be expected to have any therapeutic effect on obesity due to pituitary or other glandular disorders. It would not directly affect the metabolism of the body and would not be used in any case of obesity except possibly in the case of superalimentation, and then only in limited doses. There is no scientific treatment or remedy applicable to all cases or causes of obesity, and the said Korjena tablets are not a scientific treatment or remedy :for any case or cause of obesity and not a sure way of bringing about permanent reduction in weight. The quantity of food absorption in the human system is directly related to the quantity of food intake and to the period in which digested :food remains in the intestines. Fat is primarily :formed :from sugars, and sugar not oxidizeu is converted into :fat. Wbere the causes for obesity are internal, there is delayed metabolism in such a way as to induce the formation of excess adipose tissue, other· wise known as fat. Fat is reduced or used by inducing oxidation, but it is not rendered liquid in this process. Oxidation, the burning process by which fat is destroyed, is induced by way of exercise or increased activity in all the body functions. Respondents' Korjena tablets do not work against :fatty tissue, render fat liquid, reverse the entire fat-making process and by such method effect a reduction in fat or weight, or work against fatty foods. There is no such thing in medical science as "weight-inducing poisons" which are, or can be, banished by the taking of respond· ents' product. Respondents' product is wholly laxative or purga· tive in effect, but purgation alone has no effect upon obesity itself, except as it causes starvation and thus a loss of weight due to a Jack of food. When the purgation process ceases and the person eat~ again, the loss of weight is regained. The taking of respondents EORJENA l\IEDICINE CO. ET AL. 1025 1013 Order tablets as prescribed over a period of two weeks would be expected to effect a loss of weight due to dehydration, but this loss is quickly replaced following the intake of water. The loss of body moisture is not instantaneous, but is accomplished only after the product has had its laxative or purgative effects. Thus, any loss of weight induced by the taking of respondents' product is not evidence of a corl'Pction or cure of the causes and cannot be maintained or made P~'rmanent except through continuation of purgation or by continued reduction in food intake and control of diet once weight is lost as a result of the purgation process.

PAR. 5. The statements and representations made by respondents, as set forth in paragraph 3 above, have, and each of them has, the tendency and capacity to mislead and deceive purchasers and prospective purehasers of drugs and other prepared products used or useful in the treatment of obesity or reduction of weight into the false and erroneous belief that the said representations are true a,nd into the purchase of respondents' product in reliance thereon, and thus llnfairly to divert substantial trade in said commerce to respondents, all to the benefit and profit of respondents, from competitors of respondents, who do not engage in making false and misleading !'!'presentations to induce the sale and distribution of their products. CONCLUSION The aforesaid acts and practices of respondents, Korjena Medicine Company and Jerome Gladke, trading as Korjena l\ledicine Com- Pany, are to the prejudice of the public and respondents' competitors ~ncl constitute unfair methods of competition in commerce within ~' le 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."

ORDER TO CEASE AND DESIST .T~is proceeding having been heard by the Federal Trade Coml'l1Ission upon the complaint of the Commission, the answer of retondents, testimony and other evidence taken before J olm J. b e~na~1, an examiner of the Commission theretofore duly designated / It, In support of the allegations of said complaint and in opposi- ,;~1 thereto, by Jay L. Jackson, counsel for the Comn;ission, and ~y b Iter L. Post, counsel for respondents, and upon bnef filed herem Y counsel for the Commission respondents having' filed no briefand h . ' olll. d ~vmg requested no oral argument, and the Commission having a ~~ Its findings as to the facts and its conclusion that the said 1026 FEDERAL TRADE CO::\I!'YU:,>.'3ION DECISIONS Order 2fi F. ·r. c respondents have violated the provisions of an Act of Congress, ap· proved 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 respondents, Korjena Medicine Company and Jerome Gladke, their representatives, agents, and employees, in con· nection with the offering for sale, sale, and distribution in interstate commerce and in the District of Columbia of the products now de· signated as "Korjena," or "Korjena Tablets," or of any product or products of substantially the same or similar ingredients, or pos· sessing the same or similar properties, under the same or any other name or names, do forthwith cease and desist, directly or indirectly, from representing:

1. That Jerome Gladke is the President of Korjena Medicine Company, or that Korjena Medicine Company, as now constituted and doing business, is a corporation.

2. That Korjena Medicine Company, or any selling company oper· ated by Jerome Gladke, is a manufacturer of its products, or owns or operates laboratories, when such is not the fact. 3. That said products are drugless, or safe for human consumption and harmless, or a remedy or a cure for body fat and excess body' weight, or a safe and sure way of reducing body fat and body weight, or a scientific treatment for reducing body fat and body weight, or cut down body moisture immediately, or render fat liquid, or cause physical loveliness to return, or banish weight-inducing poisons, or work against fatty foods, or have the approval of the medical pro· fession in general.

It is further ordered, That respondents shall, within 60 days a~r service upon them of this order, file with the Commission a report ill writting setting forth in detail the manner and form in which they' have complied with this order.

GEORGE FOSTER, IXC., ET AL. 1027 Syllabus