Murine Co., Inc

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IN THE MATTER OF THE MURINE COMPANY, INC.

COMPL.U~T. FINDINGS, AND ORDER IN REGARD TO Tllis ALLE'GED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket .t,0/6. Complaint, Mar. 30, 19-W-Decision, June 29, 19-'IO Where a corporation engaged in manufacture of its l\Iurine medicinal preparation, and In sale and distribution thereof to purchasers in various other States and in the Dh;trict of Columbia; in advertisements of its said product which it disseminated and caused to be disseminated through the mails and through various other means In commerce, and otherwise, and including advertisements in newspapers and periodicals, by radio continuities, and by circulars, leaflets, pamphlets, and other advertising literature, and which were intended and likely to induce purchase of Its said preparation- Represented that said Murine was n cure or remedy for eyestrain and constituted a compete>nt and effective treatment therefor, and that use thereof would prevent or ward oft eyestrain due to driving, attendance at movies, reading. sewing, or other exce~sive u><e of the eyes, and would prevent irritation of eyes due to exposure to dust, sun, or light glare, through such statements. among others, as "Quick relief from eyestrain due to dust, sun, light glare. driving, movies, reading, etc.," "Millions Know This Rdkf For Eye Strain- Here's !'afe, easy way to end dhwomfort of tired eyes," and "Sewing and reading hold no terrors for the eyes of those who use Murine • • • helps to ward orr eyestrain" ;

Facts being said product was not a cure or remedy for eyestrain caused by excessive use of eyes, nor a competent or effective treatment therefor, and in those cases in which such strain is due to uncorrected defects in focusing of eyes, instillation of said products or one of substantially similar properties into eyes thus afflicted would not provide cure or remedy therefor or competent treatment, or possess any therapeutic value with re~>pect thereto in excess of furnishing refreshment to eyes and relief from irritation and discomfort of eye asso<'iated with such eye strains, would not prevent such strain due to driving, movies, reading, sewing, or other excessive use of eyes nor prevent irritation caused by exposure to dust, sun, or light glare as distinguished from eyestrain, and it possessed no therapeutic value with rf'l'pect to sueb Irritations in excess of furnishing refreshment to eyes and relief therefrom;

With capacity and tendency to and with etrect of misleading and deceiving substantial portion of purchasing public into erroneous and mistaken belief that such statements, repl·esentations, and advertisements were true, and to induce portions of said public, because of such belief, to purchase Its said preparation :

Held, That such acts and practices, under the circumstances spt forth, were nil to the prejudice and Injury of the public and constituted unfair and deceptive· acts and practices In commerce.

Mr. Robert .llfa.this, Jr., for the Commission. Noger8, lloge & llill.~, of New York City, for r<'spondent. Complaint 31F. T. C.

Complaint Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by said act, the Federal Trade Commission having reason to believe that The Murine Co., Inc., a corporation, hereinafter referred to as respondent, has violated the provisions of said act, and it appearing to the 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:

PARAGRAPH 1. Respondent, The Murine Co., Inc., is a corporation . organized and existing under the laws of the State of Illinois, with its general offices and principal place of business located at 660-U78 North 'Vabash Avenue, in the city of Chicago, and State of Illinois. PAR. 2. Respondent is now and has been for several years last past engaged in the business of manufacturing, selling, and distributing a medicinal preparation containing drugs, known and designated. as "Murine." Respondent causes said preparation when sold to be transported from its aforesaid place of business in the State of Illinois to the purchasers thereof located in various other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said preparation in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of its aforesaid business, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning its said product by United States mails and by various other means in commerce, as commerce is defined in tha Federal Trade Commission Act, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said products; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning its said product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said product in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the false, misleading, and deceptive statements and representations contained in said false advertisements, disseminated and caused to be disseminated, as hereinabm·e set forth, by the United States mails, by advertisements in newspapers and periodi- THE MURINE CO., INC. 411 409 Complaint cals, by radio continuities, and by circulars, leaflets, pamphlets, and other advertising literature, are the following: 1. Quick relief from eyestrain due to dust, snn, light glare, driving, movies, reading, etc.

2. Million-s Know Tltis Relief For Eye Strain. Here's safe, easy way to end discomfort of tired eyes. Do your eyes smart and burn? Feel tired, uncomfortable? Then you should try the safe modern Murine way to cleanse and refresh them.

3. Close work, reading and sewing put a heavy strain on your eyes but MURINE quickly relieves that tired smarting feeling your eyes so often have when you have been using them steadily for hours.

4. Driving an automobile puts a heavy strain on your eyes. • • • MURINE makes short work of the irritation resulting from this cause. . 5. Sewing and reading hold no terrors for the eyes of those who use MURINE for an application of this famous lotion helps to ward off eyestrain. 6. Do you, too, suffer from eyestrain after driving? So did I untll I found Murine's amazing relief.

PAR 4. Through the use of the aforesaid statements and representations and others of similar import and meaning not specifically set out herein,. the respondent has represented directly and by implication that respondent's preparation "Murine" is a cure or remedy for eyestrain caused by excessive use of the eyes and constitutes a competent and effective treatment therefor; that said preparation will prevent eyestrain due to dust, sun, light glare, driving, movies, reading, sewing, and other excessive uses of the eyes, and will quickly relieve and eliminate the irritation and eyestrain caused thereby. PAR. 5. The aforesaid representations and claims used and disseminated by the respondent as hereinabove described are grossly exaggerated, misleading and untrue. In truth and in fact respondent's preparation "'Murine" is not a cure or remedy for eyestrain caused by excessive use of the eyes and is not a competent or effective treatment therefor. Eyestrain is due to or caused by excessive use of the eyes or eye muscles or by uncorrected defects in the focusing of the eyes. After the eye muscles have been strained by excessive use or from uncorrected defects in the focusing of the eyes, the instillation of respondent's preparation or one of substantially similar therapeutic properties into the conjunctival sac of eyes so afflicted will have no effect other thana that of affording a sensation of refreshment to such eyes. Re- Rpondent's preparation will not prevent eyestrain due to dust, sun, light glare, driving, movies, reading, sewing, and other excessive uses of the eyes, and will not 1·elieve or eliminate the irritations caused by such eyestrain in excess of affording a temporary SE'nsation of refreshment to the eyes.

Findings 31F. '1'. 0.

PAR. 6. The use by the respondent of the foregoing false and decep~ tive statements and representations with respect to its preparation disseminated as aforesaid has had and now has the capacity and tend~ ency to and does mislead and deceive a substantial portion of the pur~ chasing public into the erroneous and mistaken belief that such state~ ments, representations, and advertisements are true, and to induce a })Ortion of the purchasing public because of such erroneous and mis~ taken belief to purchase respondent's preparation containing drugs. PAR. 7. The aforesaid acts and practices of respondent as herein alleged are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning {)I the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND Onder Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on the 30th day of March 1940, issued, and on the 1st day of April1940, served its complaint upon respond~ ent, The Murine Company, Inc., a corporation, charging it with the use of unfair and deceptive acts and practices in commerce in viola~ tion of the provisions of said act. On the 5th day of April 1940, respondent filed its answer in this proceeding. Thereafter a stipula~ tion was entet·ed into whereby it was stipulated and agreed that a statement of facts, signed and executed by the respondent's counsel, .Rogers, Roge and Hills, and 1V. T. Kelley, chief counsel for the Fed~ ~ral Trade Commission, subj~ct to the approval of the Commission, may be taken as the facts in this proceeding and in lieu of testimony in support of the charges stated in the complaint or in opposition thereto, and that the said Commission may proceed upon said state~ ment of facts to make its report, stating its findings as to the facts and its conclusion based thereon, and enter its order disposing of the proceeding without the presentation of arguments or the filing of briefs. Thereafter this proceeding regularly came on for final hearing before the Commission on said complaint, answer, and stipulation, said stipulation having been approved, accepted, and filed, 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 its findings as to the facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, The l\Iurine Co., Inc., is a corporation organized and existing under the laws of the State of Illinois, with its general offices and principal place of business located at 660-678 North 1Vabash Avenue, in the city of Chicago, State of Illinois. THE MURINE CO., INC. 413 40!) Findings PAR. 2. Respondent is now and has been for several years last past engaged in the business of manufacturing, selling, and distributing a medicinal preparation containing drugs, known and designated as "Murine." Respondent causes said preparation, when sold, to be transported from its aforesaid place of business in the State of Illinois to the purchasers thereof located in various other States of the United States nnd in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said preparation in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of its aforesaid business therespondent has disseminated and is now disseminating, and has caused, and is now causing the dissemination of, advertisements concerning its said product by United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said product; and respondent has also disseminated and is now disseminating, and has caused and is now causing the, dissemination of, adnrtisements concerning its said product, by various means, for the pmvose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said product, in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the statements and representations contained in said advertisements, disseminated and caused to be disseminated, as hereinabove set forth, by the United States mails, by advertisements in newspapers and periodicals, by radio continuities, and by circulars, leaflets, pamphlets, and other advertising literature, are the following:

1. Quick relief from eyestrain due to dust, suu, light glare, driving, movies, reading, etc.

2. Millions JCn01v T1zia Relief For Eye Strain. Here's safe, easy way to end discomfort of tired eyes. Do your eyes smart and burn? Feel tired, uncom· fortable? Then you should try the safe modern l\Iurine way to cleanse and refresh them.

3. Rewlng and reading hold no tenors for the eyes of those who use MURINE for an Rpplieatiou of this famous lotion helps to ward off eyestrain. 4. Do you, too, suffer from eyestrain after driving? So did I until I found 1\Iurine's amazing relief.

PAR. 4. The foregoing stat~ments, representations and advertisements and others of similar import have the capacity and tendency to cause purchasers to mistakenly believe that respondent's preparation l\lurine is a cure or remedy for t.>yestrain caused by t.>Xcessive use of the eyes and that said product constitutes a competent and effective treatment therefor; that said preparation will prevent irritation of the ('yes due to dust, sun and light glare and prevent eyestrain due Order 811<'. T. C. to driving, movies, reading, sewing, and other excessive uses of the eyes.

PAR. 5. Respondent's preparation :Murine is not a cure or remedy for eyestrain caused by excessive use of the eyes and is not a competent or effective treatment therefor. Eyestrain is due to or caused by excessive use of the eyes or eye muscles or by uncorrected defects in the focusing of the eyes. True eyestrain may be due to such actions, among others, as driving, attendance at movies, reading, or sewing. After the eye muscles have been strained by excessive use or by uncorrected defects in the focusing of the eyes, the instillation of respondent's preparation or one of substantially similar properties into the conjunctival sac of the eyes so afflicted will not provide a cure or remedy for such eyestrain or provide a competent treatment therefor, or possess any therapeutic value with respect to eyestrain in excess of furnishing refreshment to the eyes and furnishing relief from irritation and discomforts of the eyes associated with such eyestrain. Respondent's preparation will not prevent eyestrain due to driving, movies, reading, sewing, or other excessive uses of the eyes. Exposure to dust, sun, or light glare may cause irritation to the eyes as distinguished from eyestrain. Respondent's preparation will not prevent irritation caused by such exposure or possess therapeutic value with respect to such irritation in excess of furnishing refreshment to the eyes and furnishing relief from such irritation. PAR. 6. The use by the respondent of the foregoing statements and representations with respect to its preparation disseminated as aforesaid has had and now has the capacity and tendency to and does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements, representations, and advertisements are true, and to induce a portion of the purchasing public because of such erroneous and mistaken belief to purchase respondent's preparation containing drugs. CONCLUSION The aforesaid acts and practices of respondent as herein found, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondent, and a stipulation as to the facts entered into between the THE MURINE CO., INC. 415 409 Order respondent herein and "\V, T. Kelley, chief counsel for the Commission, which provides, among other things, that without further evidence or other intervening procedure the Commission may issue and serve upon the respondent herein findings as to the facts and conclusion based thereon, and an order disposing of the proceeding, and the Commission having made its findings as to the facts and conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is o,rde1·ed, That the respondent The Murine Co., Inc., its officers, agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of their medicinal preparation advertised as "Murine" or any other medicinal preparation composed of substantially similar ingredients or possessing substantially similar properties, whether sold under the same name or under any other name do forthwith cease and desist from directly or indirectly:

1. Disseminating, or causing to be disseminated, any advertisements by means of the United States mails, or by any means in commerce, ns commerce is defined in the Federal Trade Commission Act, which advertisements represent directly or through inference. (a) That respondent's preparation "Murine" is a cure or remedy for eyestrain, or that it constitutes a competent or effective treatment therefor or possesses any therapeutic value with respect to eyestrain in excess of furnishing relief from irritation and discomforts of the eyes incident thereto.

(b) That the use of respondent's preparation will prevent or ward off eyestrain due to driving, attendance at movies, reading, sewing, or other excessive uses of the eyes.

(c) That the use of respondent's preparation will prevent irritation of the eyes due to exposure to dust, sun, or light glare, or possess any therapeutic value with respect to irritation of the eyes in excess of furnishing relief therefrom.

2. Disseminating, or causing to be disseminated, any advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase of said medicinal preparation in commerce, as commerce is defined in the Federal Trade Commission Act, which advertisements contain any of the representations prohibited in paragraph 1 hereof.

It i8 further ordered, That the respondent shall, within 60 days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with this order.

Syllabus 31 F. '1'. C.