Roehm, Charles

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF CHARLES ROEHM, TRADING AS CHUMANIE MEDICINE COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. II OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 4530. Complaint, July '1, 1941-Decision, May 11, 1942 Where an individual, engaged in Interstate sale and distribution o! his "Chumanie's Triple XXX Tablets," "Chumanie's Iron Tonic Pills," and Yarious other medicinal preparations; by means of advertisements in newspapet·s, pet·iodicals, circulars, and other ad"\'ertising literatur~ (a) Represented, directly and by Implication, that his said "Triple XXX Tablets" constituted an effective treatment for irregular and delayed menstruation, and aided functioning when there was delay due to cold feet, nutritional lack of iron, or functional Inactivity; · The facts being it was not a competent treatment for said condition, and cold feet or lack of iron have no substantial influence in delaying or preventing menstruation;

(b) Failed to reveal facts material 'in the light of the representations contained in said advertisements, and with respect to consequences which might result from use of said tablets under usual or prescribed conditions, in. that they contained extract of ergot and oil of savin in quantities sufficient, if used as aforesaid by nonpregnant women, to cause gastro- Intestinal disturbances, such as catharsis, enteritis, nausea, and vomiting with pelvic congestion, and lead to excesi:!ive uterine hemorrhages; while · use thereof by pregnant women. might result in abortion or miscarriage, which. might be followed by local or systemic infection; (c) Represented that his said "Iron Tonic Pills" were an effective treatment tor anemia which would build rich blood and affot·d relief to the person who felt old, played out, or who was nervous or looked anemic; and that bls "Yellow Jacket Pills'' were a "diuretic • • • stimulant to the kidneys" and an t>ffectiveo treatment for kidney and bladder disorder~. nagging backache, leg pains, and eye puffing; The facts being "Iron Tonic Pills" were not such a treatment except. in the ('Omparath·ely rare cases of anemia resulting from deficiency of Iron in the diet, which symptoms of feeling tired, played out or nervous do not Indicate; and except as a mild diuretic, said "Yellow Jacket" preparation was not such a stimulant or effective treatment for aliments mentioned; and, contrary to implication of his said advertisements, only in exceptional cases are backache, pains in the leg and swollen eyes caused by kidney and bladder disorders; and (d) Represented that his "Double RR Tablets" constituted an effe<'tive treatment for rheumatism and inflamed, painful joints, and would mitigate the distress and discomfort of rheumatism; and that his "Plantation . C. M. Q.. Capsules" were an eiiectlve treatment for the common cold; The facts being said "Double nn Tablets" preparation would ha\·e. no therapeutic effect in treatment of aforesaid conditions In excess of mitigating Complaint 34F. T. C.

their distress and discomforts; stiff or painful jo~nts may not be identified in all Instances with a rheumatic conuition, and not all of the great number of human ailments commonly embraced by use of term "t·heumnti;;m" may be safely or effectively treated alike; and Hforesaid capsules were not 11 treatment for the common cold;

With effect of causing a substantial portion of the purchasing public to believe, contrary to fact, that preparations In question possessed certain therapeutic properties 11nd values and that f'certain of them were safe for use; and inducing said public, as a rer,ult of such belief, to purchase substantial quantities thereof:

lleld, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public, and constituted unfair and deceptive acts and practices in comme-rce.

Before Mr. William 0. Reeves and Mr. Lewis 0. Russell, trial examiners.

Mr. J. V. Buffington and Mr. John lV. Carter, Jr., for the Commission.

Mr. Jack Glenn lVilliaJms, of Cincinnati, Ohio, for respondent. 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 Charles Roehm, individually, and trading under the name Chumanie Medicine Co., 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, Charles Roehm, is an individual, trading under the name Chumanie .Medicine Co., with his principal place of business located in New Richmond, Ohio. Said respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution of various medicinal preparations. Among such preparations are the following: Chumanie's Triple XXX Tablets; Chumanie's Iron Tonic Pills; Chumanie's Yell ow Jacket Pills; Chumanie's Double RR Tablets; and Chumanie's Plantation C. :M. Q. Capsules.

PAn. 2. Respondent causes said preparations, when sold, to be transported from his place of business in the State of Ohio to the purchasers thereof located in various other States of the Uniteu States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in his said preparations in commerce among and between the various States of the United States and in the District of Columbia. CHUMANIE MEDICINE CO. 1183 1181 Complaint PAR. 3. In the course and conduct· of his aforesaid business, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said preparations 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 his said preparations, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said preparations 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 and other periodicals, and by circulars and other advertising literature, are the following: , Women I Periods irregular~ Delayed 7 Cbumanle Triple XXX Aids Functioning, $2 (3 boxes $5).

PERIOD DELAY Try Cbumanie's 'l.'riple XXX Capsules. The action of these <!apsules is such that they tend to increase menstruation when there is delay due to cold feet, nutritional lack of iron, or functional inactivity. Feel Old? Played out, Nervous, Look anemic?-Iron Tonic Pills Relieve or Money Back. $2 (3 boxes $5).

Anemia? Rundown? Lack Vigor?-Iron Tonic Pills Build Rich Blood or Money Back. $2 ( 3 boxes $5).

Kidney & Bladder Disorder? Nagging Dackache? Leg Pains? Eye Puffiness? Up nlghts?-Yellow Jacket Tab's relieve or money buck. $2 (3 boxes $5). KIDNEY & BLADDER DrsoRDm. Try Chumanle's Yellow Jacket Capsules. A Diruetic (increase renal secretion) Stimulant to the Kidneys.· Order a box by Ill ail today ! Price $1 per box ( 3 boxes, $2.00). Rheumatism! Inflamed, Painful Joints?-Get Double RR Tablets and Get ltelief, 25¢ ( 6 boxes $1) .

RHEl:MATISM. Try Chumanie's Double RR Tablets for Mitigating the Distress and Discomfort of Rheumatism. Order a box by mail today! Price $1 per box (3 boxes, $2).

MALARIA AND Common Colo. Try Chumanie's Plantation C. l\1. Q. (Malaria and Common Cold) "' "' "' Also for the Common Cold. Order a box by mail today! Price $1 per box (3 boxes, $2.00). · P .AR. 4. Through the use of the fon'going statements and representations, and others similar thereto not specifically set forth herein, the respondent represents and has represented, directly and by implication:

That respondent's preparation Chumanie's Triple XXX Tablets is nn effective treatment for irregular menstruation and delayed men- Complaint 34F. T. C.

struation which aids functioning and a treatment which tends to increase menstruation when there is delay due to cold feet, nutritional lack of iron, or functional inactivity;

That Chumanie's Iron Tonic Pills is an effective treatment for anemia and that said treatment will build rich blood and afford re-· lief to the person who feels old, played out, or who is nervous, or who looks anemic;

That respondent's preparation Chumanie's Yell ow J ae1.""et Pills is a "diuretic * * * stimulant to the kidneys" and an effective treatment for kidney and bladder disorders, nagging backache, leg pains, and eye puffing;

That respondent's preparation Chumanie's Double RR Tablets is an effective treatment for rheumatism and inflamed, painful joints which will mitigate the distress and discomfort of rheumatism; and That respondent's preparation Chumanie's Plantation C. M. Q. Capsules is an effective treatment for the relief of the Common Cold. PAR. 5. The foregoing representations and advertisements! are grossly exaggerated, false, and misleading, and constitute false. advertisements. ' In truth and in fact respondent's preparation Chumanie's Triple XXX Tablets is not an effective treatment for irregular menstruation periods and delayed periods which aids functioning, and it is not a treatment which tends to increase menstruation which is delayed due to cold feet, nutritional lack of iron, or functional inactivity. Furthermore, cold feet, nutritional lack of iron, or functional inactivity have little or no influence in delaying or preventing the onset of menstruation.

In truth and in fact respondent's preparation Chumanie's Iron Tonic Pills is not an e.fl'active treatment for anemia and said preparation will not build rich blood and will not afford relief to persons who feel old, played out, or who are nervous, or who look anemic. In truth and in fact respondent's preparation Chumanie's Yellow Jacket Pills is not a diuretic 110 • * stimulant to the kidneys and is not a treatment for kidney and bladder disorders, nagging backache, leg pains, and eye puffing.

Respondent's advertisements with respect to said Yellow Ja>cket Pills are further false and misleading for the reason that they carry the implication that backache, pains in the legsr and swollen eyes are caused in all instances by lddney or bladder disorders, whereas in truth and in fact such conditions are often the result of diseases. entirely dissociated from kidney and bladder disorders. CHUMANIE MEDICINE CO. 1185 1181 Complaint In truth and in fact respondent's preparation Chumanie's Double RR Tablets is not an effective treatment for rheumatism and inflamed, painful joints.

Respondent's advertisements with respect to said Double RR Tablets are false and misleading for the further reason that the term "rheumatism" is commonly used to designate a very great number of human ailments, all of which may not be safely or effectively treated alike, and because stiff or painful joints may not be identified in all instances with a rheumatic condition of the human body. In truth and in fact respondent's preparation Chumanie's Plantation C.l\f. Q. Capsules is not a treatment for the relief of the common cold.

PAR. 6. The aforesaid advertisements and representations with respect to respondent's preparation Clmmanie's Triple XXX Tablets constitute false advertisements for the further reason that they fail to reveal facts material in the light of the representations contained in said advertisements and material with respect to consequences Which may result from the use of said preparation under the conditions prescribed in said advertisements, or under such conditions as are customary or usual.

The said preparation is not safe or harmless to take because it contains the drugs extract of black hellebore, aloes, extract of cotton-root hark, extract of ergot, and oil of savin in quantities sufficient to cause serious and irreparable injury to health if said preparation is used Under the conditions prescribed in said advertisements or under such conditions as are customary or usual if used in connection with delayed lllenstruation.

The use of the aforesaid preparation by nonpregnant women as a treatment for delayed menstruation, as prescribed in the aforesaid advertisements, or its use under such conditions as are customary or Usual, may result in gastrointestinal disturbances such as catharsis, enteritis, nausea and vomiting, with pelvic congestion and may lead to excessive uterine hemorrhages.

The use of the aforesaid preparation by pregnant women may result in abortion or miscarriage which may be followed by infection Which may remain local to the pelvic organs or become systemic as in "blood poison."

PAn. 7. The use by the respondent of said false advertisements has the tendency and rapacity to, and does, cause a substantial portion of the purchasing public to believe that respondent's preparations possess therapeutic properties and values which they do not in fact possess, and 466506m--42--vo1.34----75 CO~imissio~ DECISIONS 1186 FEDERAL TRADE Findings 34F.T.C.

that certain of said preparations are safe for use, when such is not the fact, and has the tendency and capacity to, and does, induce the purchasing public to purchase substantial quantities of respondent's said preparations as a result of such mistaken and erroneous belief. PAR. 8. The acts and practices of the 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 FACTs, AND Onder Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on July 7, 1941, issued and on July 11, 1941, served its complaint in this proceeding upon respondent, Charles Roehm, individually, and trading under the name Chumanie :Medicine Co., charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On July 29, 1941, the respondent filed his answer in this proceeding. Thereafter, a stipulation was entered into by and between counsel for the Commission and counsel for the respondent whereby it was stipulated and agreed that, subject to the approval of the Commission, a statement of facts stipulated into the record 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 statement 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 p1·esentation of argument 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 and accepted, 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 Tile FACTS PARAGRAPH 1. Charles Roehm is an individual trading under the name "Chumanie Medicine Co.," with his principal place of business located in New Richmond, Ohio, and is the respondent in this case. Said respondent is now, and for more than 1 year past has been engaged in thie sale and distribution of various medicinal preparations. Among such preparations are the following: Chumanie's CHUMANIE MEDICINE CO. 1187 1181 Findings Triple XXX Tablets; Chumanie's Iron Tonic Pills; Chumanie's Yellow Jacket Pills; Chumanie 's Double RR Tablets. Said respondent, until 1\fay 1, 1941, was also engaged in the sale and distribution o:f another medicinal preparation designated: Chulllanie's Plantation C. M. Q. Capsules.

PAR. 2. Respondent causes said preparations, when sold, to .be transported from his place of business, in the State of Ohio, to the purchasers thereof, located in various other Stat~s of the United States.

Respondent maintains, and at all times mentioned herein has maintained a course of trade in the said preparations in commerce among and between the various States of the United States. PAR. 3. In the course and conduct of his aforesaid business, the respondent has disseminated and has caused the dissemination of certain advertisements, hereinafter referred 'to, concerning the said preparations, 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 has caused the dissemination of certain advertisements, hereinafter referred to, concerning his said preparations, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the Purchase of said preparations 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 other periodicals, and by circulars and other advertising literature, are the following: Women! Periods Irregular? Delayed. Chumanie's Triple XXX aids functioning. ($2.) (3 boxes, $5.) PERIOD DELAY? Try Chumanie's Triple XXX Capsules. The action of these capsules Is such that they tend to Increase menstruation when there is delay due to cold feet, nutritional lack of iron or functional lnacti~lty. FEEL OLD? Played out? Nervous, Look Anemic? Iron Tonic Pills relie~e or money back. $2. (3 boxes $5.) ANEMIA? Run down? Lack vigor? Iron Tonic Pills build rich blood or money back. $2. (3 boxes, $5.) R:IDNEY and Bladder Disorders? Nagging Backache? Leg Pains? Eye Puffiness? Up nights? Yellow Jacket Tablets, relieve or money back. $2. (3 boxes, $5.) RID:-<EY AND BLADDER DISORDER? Try Chumnnle's Yellow Jacket Cnpsules: a dieuretlc (lncrCMles renal secretion) stimulant to the kidneys. Order a box by rna II today I Price, $1 per box; ( 3 boxes, $2) . UIIEUMATISM? Inflamed, painful joints? act Cbumanle's Double RR Tablets and get relief. (25 cents; 6 boxes $1.) . 1188 FEDERAL TRADE COMMISSION DECISIONS Findings 34F.T.C.

RHEUMATISM? Try Cbumanie's Double RR Tablets for mitigating the distres!l and discomfort of Rheumatism. Order a box by mail today! Price $1 per box. (3 boxes fpr $2.) 1\fALAlliA. AND Common Com'? Try Chumanie's Plantation C. l\1 ..Q. (Malaria and Common Cold) • • • Also for the Common Cold. Order a box by mail today I Price $1 per box, 3 boxes, $2.

P A.B. 4. Through the use of the foregoing statements and representations, the re~pondent represents, and has represented, directly and by implication:

That respondent's preparation Chumanie's Triple XXX Tablets is effective treatment for irregular menstruation and delayed menstruation which aids functioning and treatment which tends to in· crease menstruation when there is delay due to cold feet, nutritional lack of iron or functional inactivity. . · That Chumanie's Iron Tonic Pills, is an effective treatment for anemia ·and that said treatment will build rich blood and afford relief to the person who feels old, played out, or who is nervous or who looks anemic.

That respondent's preparation, Chumanie's Yell ow J.acket Pills is a "diuretic * * * stimulant to the kidneys" and an effective treatment for kidney and bladder disorders, nagging backache, leg pains, and eye puffing.

That respondent's preparation Chumanie's Double RR Tablets is an effective treatment for Rheumatism and inflamed, painful joints~ which will mitigate the distress and discomfort of Rheumatism. That Respondent's preparation, Chumanie's Plantation C. M. Q. Capsules, is an effective treatment for the relief of Common Cold. PAR. 5. The foregoing representations, statements, and advertisements are grossly exaggerated, false, and misleading. In truth and in fact, respondent's preparation, Chumanie's Triple XXX Tablets, each of which contains the following: Iron Sulphate Dried, 1 gr.

Extract Black Hellebore, 1 gr.

Aloes, 1 gr.

Extract cotton-root bark, 1 gr.

Extract Ergo.t, 1 gr.

Oil of Savin, one-fourth min.

is not a competent treatment for irregular or delayed menstruation and is not a safe treatment for such condition. Cold feet or nutritional lack of iron has no substantial influence in delaying or pre- Yenting the onset of menstruation.

In truth and in fact, respondent's preparation, Chumanie-'s Iron Tonic Pills, is not an effective treatment for anemia or the condition CHUMANIE MEDICINE CO. 1189 1181 Findings of looking anemic, except in cases of anemia resulting from a deficiency of iron in the diet. Ane.mia, or a lack of rich blood resulting from a deficiency of iron in the di~t, is a comparatively rare condition; and the symptoms of feeling old, played out, or nervousness do not indicate a deficiency of iron in the diet. In truth and in fact, respondent's preparation, Chumanie's Yellow Jacket Pills, is not a stimulant to the kidneys, except as a mild diuretic, and is not an effective treatment for kidney or bladder disorders, nagging backache, leg pains, or eye puffing. Respondent's advertisements with respect to said Yellow Jacket Pills carry the implication that backache, pains in the legs, and swollen eyes are caused by kidney or bladder disorders, it is only in exceptional cases that such conditions are caused by kidney or bladder disorders. In truth and in fact, respondent's preparation Chumanie's Double RR Tablets, is not an effective treatment for rheumatism and inflamed, painful joints, and will have no therapeutic effect in the treatment of said maladies, in excess of mitigating the distress and discomforts thereof.

Respondent's advertisements with respect to said Double RR Tablets are misleading for the further reason that the term "Rheumatism," Used alone, is commonly employed to designate a very great number of human ailments, all of which may not be safely or effectively treated alike, and because stiff or painful joints may not be identified, in all instances, with a Rheumatic condition of the human body. In truth and in fact, respondent's preparation, Chumanie's Plantation C. M. Q. Capsules, is not a treatment for the relief of the common cold.

PAn. 6. The aforesaid advertisements and representations with respect to respondent's preparation, Chumanie's Triple XXX Tablets, fail to reveal facts, hereinafter mentioned, material in the light of the representations contained in said advertisements, and material with respect to consequences which may result from the use of said preparation under the conditions prescribed in said advertisements, or Under such conditions as are customary or usual. . The said preparation is not harmless to take because it contains ·,the drug extract of ergot, and the drug oil of savin, in quantities sufficient to cause possible serious and irreparable injury to health if said preparation is used under the conditions prescribed in said adver- ~isements or under such conditions as are customary or usual if used In connection with delayed menstruation.

The use of the aforesaid preparation by nonpregnant women as treatment for delayed menstruation as prescribed in the aforesaid COUMISSIO~ DECISIONS1190 FEDERAL TRADE Order 34F. 'r. c.

advertisements, or its use under such conditions as are customary or usual, may result in gastrointestinal disturbances, such as catharsis, enteritis, nausea, and vomiting with pelvic congestion, and may lead to excessive uterine hemorrhages.

The use of the aforesaid preparation by pregnant women may result in abortion or miscarriage, which may be followed by infection, which may remain local, to the pelvic organs, or become systemic, as in "blood poison."

PAR. 7. The use by the respondent of said advertisements has the tendency and capacity to, and does, cause a substantial portion of the purchasing public to believe that respondent's preparations possess certain therapeutic properties and values which they do not in fact possess, and that certain of said preparations are safe for use in cases when such is not the fact, and has the tendency and capacity to, and does, induce the purchasing public to purchase substantial quantities of respondent's said preparations as a result of such belief.

CONCLUSION The acts and practices of the 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 1 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 by and between counsel for the Commission, and counsel for the respondent, 1 Above ordo>r was modified slightly in Commission order dated July 1, 1942, which granted in part and denied in part respondent's motion to modify said order, as follows: This matter coming on to be beard by the Commission upon the respondent's motion to modify the order to cease and desist heretofore Issued by the Commission on May 11, 1942, and the Commission having duly considered sald motion and tile record herein and being now fully aviRed In the premises;

It is ordered, That respondent's motion for 11n order modifying the order to cease 11nd desist be, 11nd the same hereby is, granted insofar as said motion moves the deletion of. the words "or nutritional lack of Iron" In lines 4 and -5 or printed line 3 of subsection (a) of paragraph 1 of the order to cease and desist l8sued on 1\Iay 11, 1942. It is further ordered, That respondent's motion be, and the same het·eby Is, denied Insofar a~ It moves the deletion of the word "competent" from the second line of subsection (a) of p11ragraph 1 and the Insertion of the clause "or that the nutritional lack of Iron has any lnHuen•~e In dPIRylng or preventing the onset of menstruation other than confined to certain well defined limits'' Immediately preceding the semicolon In line 7 of subsection (a) of paragraph 1.

It is still further ordered, That except as hereinabove modified the order to ceose and d('slst lssuPd by the Commission on May 11, 1942, remain In full force and etrect. CHUMANIE MEDICINE CO. 1191 1181 Order which stipulation 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 ordered, That the respondent, Charles Roehm, individually, and trading under the name Chumanie Medicine Co., or trading under any other name or names, his agents, representatives and employees, directly or through any corporate or other device; in connection with the offering for sale, sale or distribution of his medicinal preparation now known as Chumanie's Triple XXX Tablets, Chumanie's Iron Tonic Pills, Chumanie's Yellow Jacket Pills, Chumanie's Double RR Tablets, and Chumanie's Plantation C. M. Q. Capsules, or of any other preparations of substantially similar properties, whether sold under the same names or under any other name, do forthwith cease and desist from directly or indirectly:

1. Disseminating or causing to be disseminated any advertisement by means of the United States mails, or by any means in commerce, . as "commerce" is defined in the Federal Trade Commission Act, which advertisements represent, directly or through inference: (a) That the preparation, Chumanie's Tdple XXX Tablets, is a. safe or competent treatment for irregular ,or delayed menstruabon; or that cold feet or nutritional lack of iron has 3nV substantial influence in delaying or preventing the onset of men;trua tion; or Which advertisement fails to reveal that the use of said preparation may cause gastrointestinal disturbances, pelvic congestion, excessive uterine hemorrhages and, in cases of pregnancy, infection of the pelvic organs and blood poisoning.

(b) That said preparation Chumanie's Iron Tonic Pills, is an effective treatment for anemia, except in cases of anemia resulting ~rom a deficiency of iron in the diet; or that the symptoms of feel- Ing old, played out, or nervousness indicate a deficiency of iron in the diet.

(e) That said preparation, Chumanie's Yellow Jacket Pills, is a stimulant to the kidneys, except as a mild diuretic, or is an effective treatment for kidney or bladder disorders, or for such symptoms as ~)ac~ache, leg pains, puffy or swollen eyes, or that such symptoms Indicate kidney or bladder disorders.

(d) That said preparation Chumunie's Double RR Tablets is an effective treatment for rheumatism or inflamed, painful joints or that 1192 FEDERAL TRADE COMMISSION' DECISIONS Order 34F.T.C.

it will have any therapeutic effect in the treatment of said conditions in excess of· mitigating the distress and discomforts thereof; or that stiff or painful joints are caused only by a rheuma~ic condition of the human body.

(e) That said preparation Chumanie's plantation C. M. Q. Capsules is a treatment for the relief of the common cold. 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 in commerce, as "commerce" is defined in the Federal Trade Commission Act, 'of said preparation, or any of them, which advertisement contains any of the representations prohibited in paragraph 1 hereof, or which advertisement with respect 'to the preparation Chumanie's Triple XXX Tablets fails to reveal the dangerous consequences which may result from the use of said preparation, as required in paragraph 1 hereof. It is further ordered, That the respondent shall within 10 days after service upon him of this order, file with the Commission an interim report in writing, stating whether he intends to comply with this order, and, if so, the manner and form in which he intends 'to comply; and that within 60 days after the service upon him of this order, said respondent shall file with the Commission a report in writing, setting forth in detail the manner and form in which he has · complied with this order.

BOCKENSTETTE'S BLUE RIBBON FARMS 1193 Syllabus