James, Pat V

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IN THE MATIER OF PAT V. JAMES, TRADING AS THEN-A COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION' OF SEC. 5 OF .AN .ACT OF CONGRESS .APPROVED SEPT. 26, 1914 Docket 1,662. Complaint, Dec. 30, J91,1-Decisi(»!, Aug. 14, 191,:2 Where an individual, engaged In the interstate sale and distribution of his "N·ft. No. 7," "Vicine," "Nature's Aid" or "N-A" medicinal pt·eparation; by adver· tisements disseminated through the mails, by radio broadcasts and otherwise, directly and by implication- ( a) Represented that his said product wa·s a powerful germicide and antisepti~ was unequalled In stopping bleeding, and was a cure for athlete's foot an eczema; . d The facts being that, when used externally, Its therapeutic properties were Hrotte t to those of a mild astringent and mild antiseptic; used as an astringent, i would not arrest venous or arterial hemorrhages; Its only value in the treatment of such conditions as athlete's foot or eczema was limited to giving temporary relief to itching and Irritation; and it was not suitable to use 00 denuded skin surfaces where it might cause permanent disfigurement bY the deposition of Iron in the form o:t pigmentation; and (b) Represented that said preparation was a splendid Iron tonic, and that use thereof would prevent lockjaw and blood poisoning; and that it was 1111 effective treatment for Indigestion, sour stomach, ptomaine poisoning, rheullla· tism, and kidney disorders ;

The facts being that while It might supply some Iron, It was not a splendid Iron tonic, since Its iron content was not In a form readily utilizable by the body i It would not prevent lockjaw or blood poisoning; and was of no substantia. therapeutic value for the treatment of ailments above set forth or any disease' With effect of misleading and deceiving a substantial portion of the purcMsiog public into the mistaken belief that such statements were true, thereby indue· ing It to purchase !!aid preparation because of such belief: U Held, That such acts and practices, under the circumstances set forth, were a to. the prejudice and injury of the public, and constituted unfair and ·deceptive acts and practices in commerce.

Before Mr. Arthur F. Thomas, trial examiner. Mr. :!Iferle P. Lyon for the Commission.

Mr. Cecil F. Trfi!Vis, of Jackson, Miss., for respondent. Complaint Pursuant to the provisions o~ the Federal Trade Commission Actl and by virtue of the authority vested in it by said act, the Federa Trade Commission, having reason to believe that Pat V. James, a!l individual, trading as The N-A Co., hereinafter referred to as the respondent, has violated the provisions of said act, and it appearini to the Commission that a proceeding by it in respect thereof woul THE N-A COMPANY 341 Complaint be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PAnAGRArn 1. Respondent, Pat V. James, is an individual, trading n~ The N-A Co., with his principal place of business located in the Clty of Laurel, State of Mississippi.

PAR; 2. Respondent is now, and for several years last past, has been engaged in the sale and distribution of a medicinal preparation known Variously as "N-A No.7," "Vicine," "Nature's Aid," and "N-A." Re- Spondent causes and has caused his said preparation, when sold, t? be transported from his said place of business in the State. of l\Iis- . 8188ippi to purchasers thereof located in States of the United States other than the State of Mississippi, and in the District of Columbia. Respondent maintains, and at all the times herein mentioned has lllaintaincd, a course of trade in said preparation in commerce, beri:ee~ and among t.he various States of the United States and in the !strict of Columbia.

PAR. 3. In the course and conduct of his aforesaid business, the ~respondent has dis~eminated, and has caused the dissemination of, S'llse advertisements concerning his said preparation by the United . states mails, and by various other means in commerce, as commerce· 18 defined in the Federal Trade Commission Act; and respondent has ~.lso disseminated, and has caused the dissemination of, false adverlsetncnts concerning his said preparation, by various means, for the ~~lrpose of inducing, and which are likely to induce directly or inll'ectly, the purchase of his said preparation in commerce, as com- ~er.ce 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 ~allsed to be disseminated, as hereinabove set forth, by the United f states mails, by radio broadcasts, and by other means, are the 0llowing:

l ~-A No. 7 or Nature's Aid Is a powerful, non-poisonous germicidal antls.eptlc. t t actually kills germs without injury to the body tissue· internally or ex- 8e"nany. • • • You'll find that N-A No. 7 is a powerful antiseptic that detroys ge1·ms and relieves soreness like magic. ~ lt Is unequalled in stopping the flow of blood. There's nothing quite like N-A 0• 7 for stopping the f!<Jw of blood.

• • • We carry N-A No. 7 In our first-aid kit for cuts, burns and bruises. lt Is also a splendid natural Iron tonic.

.As an antiseptic, N-A No. 7 is Insurance against blood poison and lockjaw. 1 t kills the germs and prevents blood poisoning. ll \\'e•u. like to read you a letter received by then-A Company from Mr. Charles ~ <'rring of Bridgewater, Virginia. l\Ir. Herring writes: "While at Saratoga, ew York, my friend, Mr. Bernard Jones, gave me a bottle of Nature's Aid 11 tld advised me to try it for a bad case of_ Athlete's Foot, from which I had been .348 FEIDERAL TRADE COMMISSION DECISIONS 35F. T. c.. Complaint ·bed .suffering for some time and gotten only temporary relief from any prescri treatment. To my great satisfaction and relief, N-:A No. 7, Nature's Aid, coiii· pletely cured the trouble."

I wish I had the power to convince every one of you today of the true wisdoiii In always having available N-A No. 7; Nature's Aid. Its natural corrective .and healing pt·operties are so many and varied it sounds almost unbelievable· ·nut they are true. · : It's Invaluable in the trl'fttment of Indigestion, sour stomach, ptomaine poison. rheumatism and kidney disorders.

PAR. 4. Dy the use of the statements and representations her~in· .above !)et forth, and other statements· and representations sirn 1I~r thereto, not specifically set out herein, all of which purport to e descriptive of the therapeutic properties of respondent's said prepll· ration, respondent has represented and does represent, directly and bY implication, that his said preparation, designated and advertised -~ar· iously as "N-A No. 7," "Vicine," "Nature's Aid," and "N-A," 15 .~ powerful germicide and a powerful antiseptic; that it is a splendl iron tonic; that it is unequalled in stopping bleeding; that its u;e will prevent lockjaw and blood poisoning; that it is a cure for 11~~­ late's foot and eczema; and that it is an effective tr:eatment for in 1. · gestion, sour stomach, ptomaine poisoning, rheumatism, and kidney .disorders. d PAR. 5. The aforesaid representations and advertisements used ll~ .disseminated by the respondent, as hereinabove described, are gross Y .exaggerated, false, and misleading. . In truth and in fact, respondent's preparation is not a powerful ge.~ micide, or a powerful antiseptic. The therapeutic properties of s~~d preparation, when used externally, are limited to those of ~ n1\l astringent and a mild antiseptic. When used as an astringent 1t Wit· not arrest venous or arterial hemorrhages. It is not an effective trea f ment for athlete's foot or eczema, its only value in the treatment ~ such disea£e or condition being that of giving temporary' relief ; itching and irritation. When used on denuded skin surfaces it J1lll 11 . cause permanent disfigurement by the deposition of iron in t~e fori s of pigmentation. Said preparation is not suitable for use in caser involving skin conditions where the surface cells are impaired 0 .absent. e In truth and in fact, although said preparation might supply soil1. iron for the body, it is not a splendid iron tonic, the iron in said prep~d ration not being in a form which is readily utilized by the body. ~ 11\ 1 preparation will not prevent lockjaw, or blood poisoning, nor .15 • 11 an effective treatment for indigestion, sour stomach, ptomaine po15? 11 ing, rheumatism·, or kidney disorders. Furtherm-ore, said preparntl~e "is of no ·substantial therapeutic value as an internal medicine for t treatment of any disease or condition of the body. THE N-A COMPA...~Y 349 346 Findings PAR. 6. The use by the respondent of the foregoing false, deceptive, and misleading statements, representations, and advertisements disseminated as aforesaid with respect to the therapeutic value of his Said preparation 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 in.duces a portion of the purchasing public because of such erroneous and mistaken belief to purchase .said preparation. . PAR. 7. The aforesaid acts and practices of the respondent as herein alleged are all to the prejudice and injury of the public and constitute llllfuir and derepti\'e acts and pradices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND 0RDEI.l · Pursuant to the provisions of the Federal Trade Commission~ Acti the Federal Trade Commission, on December 30, 1941, issued and on January 2, 1942, served its complaint in this proceeding upon respondent, Pat V. James, an individual, trading as Then-A Co., charging him with the use of unfair and deceptive acts and practices in comlllerce 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 per- 111ission 'to withdraw said answer and to substitute therefor an answer lt(bnitting all the material allegations of fact set forth in said com- Plaint and waiving all intervening procedure and further hearing as to said facts, which substitute answer was duly filed in the office of t,he 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 1l1utter and being now fully advised in the premises, finds that this tJroceeding is in the interest of the public and makes this its findings as to th~ facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS PAR_\GRAPH 1. Respondent, Pat V. James, is an indiv~usual, trading &s The N-A Co., with his principal place of business located in the city of Laurel, State of Mississippi.

· PAR. 2. Respondent is now, and for several years last past,. has been engaged in the sale and distribution of a medicinal preparation 500740m--43~vol.35----25 350 FEIDERAL TRADE COMMISSION DECISIONS Findings 35 F. T. 0. known variously as "N-A No.7," "Vicine," "Nature's Aid," and "N- A ·" Respondent causes and h:as caused his said preparation, when sold, _to be transported from his said place of business in the State of :M)s· sissippi to purchasers thereof located in States of the United Sta~es ·other than the State of :Mississippi. and in the District of Columblft. Respondent maintains, and at all the time herein mentioned has maintained, a course of trade in said preparation in commerce, be· tween and among the various States of the United States and in the District of Columbia. . · · PAR. 3. In the course and conduct of his aforesaid business, the respondent disseminated and caused the dissemination of false ad· vertisements concerning his said preparation by the United States ' mails, and by various other means in commerce, as commerce is de· fined in the Federal Trade Commission Act; and respondent also disseminated and caused the dissemination of false advertisements concerning his said preparation, by various means, for the purpose of inducing,' and which were likely to induce, directly or indirect!?, the purchase of his s~,tid preparation in commerce, as commerce 15 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 radio broadcasts, and by other means, are the 'following: N-A No. 7 or Nature's Aid Is a powerful, non-poisonous. germicidal antiseptic. It actually kills germs without injury to the body tissue internally or ex· ternally. • • • You'll find that N-A No. 7 is a powerful antiseptic t)Jot destroys germs and relieves soreness like magic. It is unequalled in stopping the flow of blood. There's nothing quite like :N-.A. No. 7 for stopping the flow of blood.

• • • We carry N-A No. 7 in our first-aid kit for cuts, burns and bruises. It is also a splendid natural iron tonic. · As an antiseptic, N-A No. 7 is insurance against bloou polson and· lockjaW· It kills the germs anu prevents blood poisoning. We'll like to read you a letter received by then-A Company from l\lr. Charles Herring of Bridgewater, Virginia. l\Ir. Herring writes: "While at Saratoga. New York, my friend, Mr. Bernard Jones, gave me a bottle of Nature's Aid and advised me to try it for a bad case of Athlete's Foot, from which I bad bE>E'n suffering for some time and gotten only temporary relief from any pre· scribeu treatment. To my grf>at satisfaction and relief,' N-A No. 7, Natures Alu, comnletely cured the trouble".

I wl::h I had the power to convince eve>ry onp. of you today of the true wi>'d0111 ln always having available N-A No. 7, Nature's Ald. Its uatuml corrective and healing properties are so many ant! varied it sounds almost unbelievable· But they are true.

It's invaluable In the treatment of· indigestion, sour stomach, ptomaine poison, rheumatism and kidney. disorders.

THE N-A'COMPAl'.""Y 351 346 Findings P.AR. 4. By the use of the statements and representations herein.,. above set forth, and other statements and representations similar thereto, not specifically set out herein, all of which purport to ·be c~escriptive of the therapeutic properties of respondent's said preparahon, respondent has represented directly and by implication that his said preparation, designated and advertised variously as "N -A No. 7 ," , ''Vicine," "Nature's Aid," and "N-A," is a powerful germ~cide and n: Powerful antiseptic; that 1t is a splendid iron tonic; that it is unequalled in stopping bleeding; that its usp will prevent lockjaw and' blood poisoning; that it is a 'cure for athlete's foot and eczema; and that it is an effective treatment for indigestion, sour stomach, pto- . lllaine poisoning, rheumatism, and kidney disorders. , PAR, 5. The aforesaid representations and advertisements 'Used and disseminated by the respondent, as hereinabove described, are grossly e:<aggerated, false, and misleading. · · · In truth and in fact, respondent's preparation is not a powerful germicide or a powerful antiseptic. The therapeutic properties of said Preparation, when used externally, are limited to those of a mild astringent and a mild antiseptic. 'Vhen used as an astringent it will llot arrest venous or arterial hemorrhages., It is not an effective treattnent for athlete's foot or 'eczema, its only value in the treatment of ~Urh diseases or conditions being that of giving temporary relief to Itching and irritation. When used on denuded skin surfaces it may cause permanent disfigurcmrnt by the deposition of iron in the forni ?f pigmentation. Said prrparntion is not suitable for use in cases 1llVolving skin conditions where the .surface cells are impaired ol.'' absent. · . In truth and in fact, although said preparation might supply some: • · 1 ~'on for the body, it is not a splendid iron tonic, the ir~Ii in said ~l'<;paration not being in a form which is readily utilized by the body . . ll.ld preparation will not prevent lockjaw, or blood poisoning, nor IS it an effective treatment for indigestion, sour stomach, ptomaine Poisoning, rheumatism, or kidney disorders. Furthermore, said llreparation is of no substantiaf therapeutic value as an 1nt,ernal lttedicine for the treatment of any disease or condition of the body. · PAR. 6. ;l.'he use by the respondent of the foregoing false, deceptive and misleading statements, representations and advertisements <lisseminated as aforesaid with respect to the therapeutic value of his !laid preparation has had the capacity and tendency to mislead and deceive and has misled and deceived a substantial portion of the , t•urchasing public into the erroneous and mistaken belief that such staterllents, r.cpresentations and advertisements are true, and has in- 352 FEIDERAL TRADE COMMISSION DECISIONS Order 35F.T.C· duced a portion of the purchasjng public because of such erroneous and mistaken belief to purchase said preparation. CONCLUSION The aforesaid acts and practices of the respondent as herein foun.~ 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 Co1nmis· sion upon the complaint of the Commission and the answer of t.h~ respondent, in which answer respondent admits all the matefla allegations of fac_t set forth in said complaint ·a~d states that ~; · waives all intervening procedure and further hearing as to sal facts, and the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, PatV. James, individually nnd trading as Then-A Co., or trading under any other name, his agents, servants, representatives and employees, directly or through any cor· porate or other device, in connectio,n with the offering for sale, sal~ or distribution of respondent's medicinal preparation now designated variously by the names "N-A No. 7" "Vicine" "Nature's Aid" an ' ' '1 r "N -A," or any other preparation composed of substantially simi a ingredients or possessing substantially similar properties, whether . sold under those names or under any other name, do forthwith cents~ and desist :from directly or indirectly: · 1. Disseminating or causing to be disseminated any adver~iseme~t (a) by means of the United States mails, or (b) by !my means. til commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement r~present~, directly or through inference: ' That .said medicinal preparation is a powerful germicide or a pow~r: ful antiseptic, or is other than a mild astringent and a mild antiseptic' that it is unequalled in stopping bleeding or will arrest~enous or arterial hemorrhages; that it is a cure for athlete's foot or eczema, or that it has any value in the treatment of such diseases or conditions other than to give relief :from the itching and irritation thereof; that it is a splendid iron tonic; that its use will prevent lockjaW or blood poisoning; that it is an· effective treatment for indigestion, sour stomach, ptomaine poisoning, rheumatism, or kidney disorders; or THE N-A COMPANY 353 Order that it has any substantial therapeutic value as an internal medicine for the treatment of any disease or condition of the body. · 2. Disseminating or causing to be disseminated any advertisement b! 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 medicinal Preparation, which advertisement co~tains any of the representations Prohibited in paragraph·! hereof.

It i8 fulf"ther ordered, That the respondent shall, within 60 days ~after ~ervice upon him of this order, file with the Commission a report ~n Writi'hg, ,setting forth in detail the manner and form in which e has complied with this order.

354 FEIDERAL TRADE COMMISSION DE-CISIONS 35F.T.C. Complaint