Iiy-Phen Corp

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IN Tile MATI'ER OF HY-PHEN CORPORATION COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRffiSS APPROVED SEPT. 26, 1914 Docket 4418. Oompl_aint, Dec. 1~. 1940-Decision, Jtme SO, 1941 Where a corpot·ation engaged in the intersta~e sale and distribution of its "Hy- Phen" medicinal preparation; In advertisements in newspapers, by radio continuities, and other ad,·ertlsing media, flirectly or by Implication: Represented that its said preparation would prevent colds and was a cure orremedy therefor: and was a competent and effective treatment for various. ailments_ and conditions including toothache, earache, nemalgla, twltchingnet·ves, after-extt·action pains, aching muscles, rheumatic pains, and women's periodic pains, which would relieve the pain attendant upon such conditions more quickly and for a longer period of time than any otbet· preparation; and that it was unq1,1.ali1l.edliV safe for use: Facts being that the therapeutic properties of its said preparation were limited to those of an analgesic, affording only temporary relief ft·om painful symp- , toms and having no curative action upon the underlying factors causing pain: ingredients ha said preparation were similar to those found in manyother like preparations, and it had no special properties which would permit It to relieve pain more quickly or for a longer time than many other such preparations; its effectiveness in the treatment of the conditions listed was limited to furnishing temporary relief from their painful li'ymptoms, 1t had n0o therapeutic value in treatment of such conditions as migraine headaches, headaches due to Infection, pain caused by abscessed tooth, and others, and use thereof was not entirely free from danger, due to its drug content;. With result of misleading and deceiving a substantial portion of the purchasingpublic Into the erroneous belief that such fallile representations were true~ and into th~ purchase of substantial quantities of its lilaid product: Held, That such acts and practices were all to the prejuuire and Injury of the public, and constituted unfair and deceptive acts and practites In commerce. ilfr. John iJ!. Russell for the Commission. Col\rPLAINT 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 Hy-Phen Corporation, a corporation (successor to Bradley's Laboratory, 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:

HY-PHEN COfRP. 531 530 Complaint PARAGRAPH 1. Respondent, Hy-Phen Corporation, is a corporation organized, existing, and doing business under and by virtue of the laws of the State of West Virginia with its office and principal place of business at Matoaka, W. Va.

PAR. 2. Respondent is now and has been for more than 2 years last past, engaged in the business of selling and distributing a medicinal preparation described as Hy-Phen intended as a treatment for various ailments of the human body.

Respondent causes its said preparation, when sold, to be transported from its said place of business in the State of "\Vest Virginia to purchasers 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 the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; 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 hereinabove set forth, by the United States mails, by advertisements in newspapers, by radio continuities, and other advertising literature, are the following: Thousands of people have found that they cnn avoid colds the year around by using Hy-Phen pain and cold tablets.

Nothing else sepms to stop a cold like Hy-Phen. • • • stop toothache and after extraction pain • * *, quickly and pleasantly by taking one or two Hy-Phen tablets. Neuralgia? twitching n!'rv!'s? Stop them quickly and for a long!'r period with lly-Phen.

lly-Phen for simple headache, toothache, earache, bead colds, neuralgic pain and aching muscles. • • • re\icvs pain quicker and longer. Two HY-PHEN TAnLEB • • • will relieve that headache or cold abno!lt Immediately • • • will help waru off headaches • • •. IIYPHEN • • • "Safety First" • • • effective in relieving pain • • • Women everywhere have found thy can always rely on Hyphen tablets. Doctors, lawyers, uentists, miners, all find Hyphen tablets indispensable In easing pain.

Complaint 33 F. T. C. Hyphen tablets will quickly and safely relieve you. Hy-Phen does not contain any dangerous or habit-forming drugs; may we ask that you safeguard your health and be insured against pain at all times by keeping a package of Hyphen handy.

For quickest relief simple Headaches, Cold, Neuralgia, Lumbago, Rheumatic Pains and Women's Pet:iodic Pains.

Hy-Phen being a tablet, reaches the point of absorption before dissolving giving you the full effect of its medicines. That is why Hy-Phen gives you quicker and long-lasting relief.

Bradley's Lab., Matoaka, "\Vest Virginia, "' "' • HY-PHENS FOR Headaches l PAR. 4. Through the use of the statements and representations hereinabove set forth and in statements and representations not specifically set out herein, all of which purport to be descriptive of the therapeutic properties of said preparation, respondent represents directly or by implication: that its said preparation will prevent colds; that it is a cure or remedy for colds; that said preparation is a competent and effective treatm~nt :for toothache, earache, neuralgia, twitching nerves, after extraction pains, aching muscles, rheumq,tic pains, women's periodic pains, and that it will relieve the pain attendant upon such conditions more quickly and :for a longer period of time than any other preparation. Respondent further represents that said preparation is unqualifiedly safe :for use. PAR. 5. The :foregoing representations are grossly exaggerated, false, and misleading. The use of said preparation will not prevent colds and the preparation itself does not constitute a cure or remedy for colds. The therapeutic properties of respondent's product are limited to that of an analgesic only affording temporary relief from painful symptoms, and would have no curative action upon the underlying :factors that cause pain. The ingredients of this preparation are similar to those found in many other iike preparations, and this preparation has no special therapeutic properties which would permit it to relieve the pain more quickly or for a longer period of time than many other preparations on the market. The effectiveness of tllis preparation in the treatment of colds, toothache, earache, neuralgia, twitching nerves, after extraction pains, and women's periodic pains is limited to furnishing temporary relief to the symptoms of pain in some instances, and it would have no therapeutic value in the treatment of such conditions as migraine headaches, infectious diseases, headaches due to infection, pains due to abscessed teeth, or pains from pressure on nerves. By reason of the existence of acetophenetidin, caffeine, and hyoscyamus in this preparation, its administration is not entirely free from danger. PAR. 6. The use by the respondent of the foregoing false, deceptive, and misleading statements and representations, disseminated as HY-PHEN CORP. 533 530 Findings aforesaid, has had, and now has, the tendency and capacity to, and does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements and representations are true and into the purchase of substantial quantities of respondent's preparation. 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 of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE F .ACTS, .AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on the 14th day of December 1940, issued, and on the 16th day of December 1940, served, its complaint in this proceeding upon the respondent Hy-Phen Corporation, a corporation (successor to Bradley's Laboratory, Inc., a corporation), charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondent's answer, the Commission, by ·order entered herein, granted respondent's motion for permission to withdraw said answer and to substitute therefor an answer admitting all of the material allegations of fact set forth in said complaint and waiving all intervening procedure and further hearing as to said facts, which substitute answer was duly filed in the office of the Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission on the said complaint and substitute answer, and .the Commission, having duly considered the matter 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 FACTS PARAGRAPH 1. Uespondent, Hy-Phen Corporation, is a corporation orgallizec.l, existing, and doing business under and by virtue of the laws of the State of 'Vest Virginia with its office and principal place of business at Matoaka, ,V. Va.

P .AR. 2. Respondent is now and has been for more than 2 years last past, engaged in the business of selling and distributing a medicinal preparation, describec.l as Hy-Phen, intended as a treatment for various ailments of the human body.

Respondent causes its said preparation, when sold, to be transported from its said place of business in the State of 'Vest Virginia tQ pur- Findings 33F.T.C.

chasers 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 <!aused, and is now causing, the dissemination of false advertisements concerning its said product by the United States mails and by various other means in commerce, as commerce is defined in the Fed- €ral Trade Commission Act; 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 hereinabove set forth, by the United States mails, by advertisements in newspapers, by radio continuities, and other advertising media, are the following: Thousands of people have found that they can avoid colds the year around by using Hy-Phen pain and cold tablets.

Nothing else seems to stop a cold like Hy-Phen. • • • stop toothache and after extraction pain • • • quickly and pleasan!:ly by taking one or two Hy-Phen tablets. Neuralgia? twitching nerves? Stop them quickly and for a longer pet·iod with Hy-Phen.

Hy-Phen for simple headache, toothache, earache, head colds, neuralgic pain J~ntl aching muscles. • • • relieves pain quicker and longer. Two HY-PHEN TABLETS • • • will relieve that headache or cold almost Immediately • • • will help ward off headaches • • •. HYPHEN • • • "Safety First" • • • effective in relieving pain • • •. Women everywhere have found they can always rely on Hyphen tablets. Doctors, lawyers, dentists, miners, all find Hyphen tablets indispensable in easing pain.

H.i phen tablets•will quickly and safely relieve you. Hy-Phen does not contain any dangerous or habit-forming drugs; may we ask that you safeguard your health and be insured against pain at all times by keeping a package of Hyphen handy.

For quickest relief simple Headaches, Cold, Neuralgia, Lumbago, Rheumatic Pains and Women's Periodic Pains.

Hy-Phen being a tablet, reaches the point of absorption before dissolving giving you the full effect of its medicines. That Is why Hy-Phen gives you quicker and long-lasting relief.

Bradley's Lab., Matoaka, West Virginia, • • • HY-PHENS FOR HEADACHES I HY-PHE.N' CORP . 535 . .530 Conclusion PAR. 4. Through tho use of the statements and representations hereinabove set forth and in statements and representations not specifically set out herein, all of which purport to be descriptive of the therapeutic properties of said preparation, respondent represents directly or by implication: that its :oaid preparation will prevent colds; that it is a cure or remedy for colds; that said preparation is a competent and efiective treatment for toothache, earache, neuralgia, twitching nerves, after extraction pains, aching muscles, rheumatic pains, women's periodic pains, and that it will relieve the pain attendant upon such conditions more quickly and for a longer period of time than any other preparation. Respondent further represents that said preparation is unqualifiedly safe for use.

PAR. 5. The foregoing representations are grossly exaggerated, false, and misleading. The use of said preparation will not prevent colds and the preparation itself does not constitute a cure or remedy for ·colds. The therapeutic properties of respondent's preparation are limited to that of an analgesic only affording temporary relief from painful symptoms, and said preparation has no curative action upon the underlying factors that cause pain. The ingredients of respondent's preparation are similar to those found in many other like preparations, and said preparation has no special therapeutic properties which would permit it to relieve pain more quickly or for a longer period of time than many other such preparations on the market. The effectiveness of respondent's preparation in the treatment of colds, toothache, earache, neuralgia, twitching nerves, after-extraction con- ·ditions, and women's periodic conditions is limited to furnishing temporary relief from the painful symptoms of such conditions. Said preparation has no therapeutic value in the treatment of such conditions as migraine headaches, infectious diseases, headaches due to infection, pains caused by abscessed teeth, or pressure on nerves. The use of said preparation is not entirely free from danger due to the fact that it contains .acetophenetidin, caffeine, and hyoscyamus. PAR. 6. The ·use by the respondent of the foregoing false, deceptive, and misleading statements and representations, disseminated as aforesaid, has had, and now has, the tendency and capacity to, and does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements and representations are true and into the purchase of substantial quantities of respondent's preparation.

CONCLUSION The aforesaid acts and practices of the respondent, as herein found, .are all to the prejudice and injury of the public and constitute unfair Order 33F.'l'.O. 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 and the answer of respondent, in which answer respondent admits all of the material allegations of fact set forth in said complaint and states that it waives all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that Eaid respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent Hy-Phen corporation, a corporation, its officers, representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or ~istribution of its preparation designated Hy-Phen, or any product of substantially similar composition or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith ct'ase and desist from, directly er indirectly :

1. Disseminating or causing to be disseminated any advertisements (a) by means of the United States mails or (b) by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisements represent, directly or through inference: That the use of said preparation will prevent colds; that it is a cure or remedy for colds; that it has any therapeutic properties other than an analgesic affording temporary relief from painful symptoms, or that it will ha\'e any curative action upon the underlying factors that (·a use pain; that it contains any ingredients or possesses any special therapeutic properties which cause it to relieve such painful symptoms more quickly or for a longer period of time than many other .preparations on the market; that the extent of its effectiveness in the treatment of colds, toothaches, earaches, after-extraction conditions, and women's periodic conditions is any more than to furnish temporary relief from the painful symptoms thereof; that it has any therapeutic value in the treatment of such conditions ns migraine headaches, infectious diseases, headaches due to infection, pains caused by abscessed teeth or by pressure on nerves; or that its use is entirely free from dangH. 2. Disseminating or causing to be disseminated any advertisements by any means for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase in commerce, as "commerce" is defined in the Federal Trade Commission Act, of said preparation, HY -PHEIN CORP. 537 530 Order which advertisements contain any of the representations prohibited in paragraph 1 hereof.

It is fwrther 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.

538 FEDERAL TRADE COl\fMISSION DECISIONS Complaint 33 F.T. C.