Collins Co., Thomas E

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IN THE ~fA TIER OF THOMAS E. COLLINS, TRADING AS THOMAS E.

COLLINS CO.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION: OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 4816. Complaint, Aug. 17, 1912-Decision, Oct. 27, 1943 Where an individual engaged in interstate sale and distribution of his "Alid:~en­ tone" medicinal preparation; through advertisements in periodicals and bycirculars and other advertising media, dit·ectly or by implication- (a) Represented that his said preparation expelled or helped to expel mucus from the body, and provided symptomatic relief for catarrhal conditions generally, nasal catarrh, colds, bronchitis, nonallergic types of asthma, and mucus colitis; and (b) Represented that It toned or aided in toning the mucus membranes, fortified them against Infection and was of that·apeutic value in the treatment of inflammation thereof; was a cure or remedy for colds; and eliminated or aided in the elimination of toxic substances and deposits from the bodytissues;

The facts being that while the product in question-<:oniposed of powdered wheat embryo, powdered dried skimmed milk, and vegetable concentrates--might have some food value, it was wholly without value as a therapeutic agent and would not accomplish the results so claimed for it; With tendency and capacity to mislead and deceive a substantial portion of the purchasing public, and to cause it to purchase substantial quantities of such product as a result of the erroneous belief so e.ngendered : 1Field, That such acts and pt·actices, under the circumstances set forth, were all to the prejudice of the public, and constituted unfair and deceptive acts and practices in commerce.

Before J,fr. James A. Purcell, trial examiner. Mr. B. G. Wilson for the Commission.

Mr. Charles Reagh. and Mr. II award Magee, of San Francisco, Calif.~ for respondent. .

CoMI'LAINT.

Pursuant to the provisions of the Federal Trade Commission Act~ and by virtue of the authority vested in it by said act, the Federal 'I'trade Commission, having reason to believe that Thomas E. Collins,. an individual, trading as Thomas E. Collins Co., hereinafter referred ~0 as respondent, has violated the provisions of said act, and it appearlug to the Commission that a proceeding by it in respect thereof would ?e in the public interest, hereby issues its complaint stating its charges ln that respect ns follows:

tig0637-44--36 .522 FEDERAL TRADE COl\lmission DECISIONS Complaint 37 F. T. C.

PARAGRAPH 1. Respondent, Thomas E. Collins, is an individual, trad· ing as Thomas E. Collins Co., having his office and principal place of business at 5036 Geary Boulevard, San Francisco, Calif. The respondent is now, and for more than 2 years last past, has been engaged in the business of offering for sale, sale, and distribution of a medicinal preparation designated "Alimentone" in commerce between .and among the various States of the United States and in the District .of Columbia.

Respondent causes his said product, when sold, to be shipped from .his. said place o£ business in the State of California to purchasers thereof located in various other States o£ the United States and in the nistrict of Columbia.

Respondent maintains, and all times mentioned herein has main· .tained, a course of trade in his said product in commerce between and amo;ng the various States of the United States and in the District of ·Columbia.

PAR. 2. In the course and conduct of his said business and for the _purpose of inducing the purchase of his said product, the respondent has disseminated and is now disseminating and has caused and is now causing the dissemination of, false advertisements concerning his said ·product by United States mails ~nd by other means in commerce, as "commerce" is defined in the Federal Trade Commission Act; and re· spondent has also disseminated and is now causing the dissemination .of, false ad \'ertisements concerning his said product by. various means for the purpose of inducing and which are likely to induce, directly .or indirectly, the purchase of his said product in commerce as "com· merce" is defined in the Federal Trade Commission Act. Among and typical o£ the false, deceptive, and misleading statements and misrep· resentations contained in said false advertisements disseminated and caused to be disseminated as hereinabove set forth, by United States mails, by advertisements inserted in magazines and periodicals and by ·means of circulars and other advertising med~a, are the following: llelp Nature expel mucus for symptomatic relief in common colds, nasal catarrh, mucus colitis, non-allergic types of asthma and bronchitis, and ordinary catarrhal conditions in general with Allmentone. Alimentone aids in toning the mucus membranes and fortifying them against the germs of fnfectiGn.

It aids fn cleansing the cell tissues of toxic impurities • • • It is recommended In the dietary care of Inflammations of the mucus DleJil· ·branes.

In cases or bronchitis and bronchial asthma, the use of Allmentone In the diet Is followed with 1oosening and raising large amounts of mucus lf there IS an accumulation present fn the bronchial tubes. dis• 1\lany sutrerers from constant colds have ndvisPd us that their colds .apiJ('arcd when .Allmentone was used.

THOMAS E. COLLINS CO. 523 r 521 Complaint ' The tendency of A.limentone is to bring about an effort to eliminate toxic deposits from the tissues commonly called "an attack." The primary cause of the distress is not A.limentone but is the foul and depraved condition of the colon where toxic poisons originate. When Allmentone apparently is removing these poisons from the body with distress consequent In some instances, the user has good reason to rejoice, rather than to complain.

P ~· 3. Through the use of the foregoing statements and representations, and others of similar import and meaning not specifically set out herein, the respondent represents and has represented, directly · nnd by implication, that the use of his product "Alimentone" expels or helps to expel mucous and provides symptomatic relief for catarrhal -conditions, colds, nasal catarrh, mucous colitis and nonallergic types of asthma and bronchitis; that said product tones and· aids in toning :mucous membranes, fortifies mucous membranes against infection, deanses and aids in cleansing cell tissues of toxic impurities and is of therapeutic value in the treatment of inflammations of the mucous :membranes and has favorable effect on the secretion of mucous from :tnucous membranes; that it is a cure or remedy for colds; that said Product affords relief for bronchial asthma and bronchitis; and that it eliminates toxic substances and deposits from the body and tissues. PAB. 4. The foregoing statements and representations used and <lisseminated by the respondent in the manner aforesaid, are false, lllisleading and deceptive. In truth and in fact the use of respondent's said product will not expel or help to expel mucous or provide relief, symptomatic or otherwise, in the treatment of catarrhal conditions, colds, nasal catarrh, mucous colitis, and nonallergic types of asthma and bronchitis. It will not tone or aid in toning mucous lne:tnbranes or fortify them against infection nor cleanse or aid in ?leansing cell tissue of toxic impurities. It has no therapeutic value ln the treatment of inflammation of the mucous membranes and has no effect whatsoever in promoting the secretion of mucous from lllucous membranes. It will not afford relief in the treatment of bronchitis or bronchial asthma. It is not a cure or remedy for colds, and it will not eliminate toxic substances or deposits from the body and tissue. .

.PAR. 5. The use by respondent of the foregoing false, deceptive and llllsleading statements, representations, and advertisements disseminated as aforesaid with respect to his said product "Alimentone" has had and now has the capacity and tendency to and does mislead and de Cetve· a substantial portion of the purchasmg· pu bl'tc mto· t 11e erroneous and mistaken belief that such statements, representations and advertise'tnC'nts are true and to induce a f'Ubstantial portion of the ' Findings 87F.T.C.

purchasing public, because of such erroneous and mistaken belief, to purchase substantial quantities of respondent's said product. PAR. 6. The aforesaid 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 ORDER Pur~uant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on August 17, 1942, issued and subsequently served its complaint in this proceeding upon the respondent, Thomas E. Collins, an individual, trading as Thomas E. Collins Co., charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of that act. After the filing of respondent's answer, testimony and other evidence in support of the allegations of the complaint were introduced before a trial examiner of the Commission theretofore duly designated by it (no evidence being offered by respondent), and such testimony and other evidence were duly recorded and filed in the offi<'e of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Commission on the complaint, the answer thereto, testimony and other evidence, report of the trial examiner upon the evidence, and brief in support of the complaint (no brief having been filed by respondent and oral argument not having been requested); 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 conclu- · sion drawn therefrom.

FINDINGS AS TO 'lhe FACTS PARAGRAPH 1. The respondent, Thomas E. Collins, is an individual, trading as Thomas E. Collins Co., with his office and principal place of business located at 5036 Geary Doulevard, San Francisco, Calif. Respondent is now and for a number of years last past has been engaged in the sale and distribution of a medicinal preparation designated by him as "Alimentone" and intended for use in the treatment of certain diseases and disorders of the human body. PAR. 2. Respondent causes and has caused his product, when sold, to be shipped from his place of business in the State of California to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondent maintains and has maintained a course of trade in his product in commerce among THOMAS E. COLLINS CO. 525 521 Findings and between the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of his business and for the purpose of inducing the purchase of his product, respondent has disseminated and has caused the dissemination of advertisements concerning his 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 has caused the dissemination of advertisements concerning his product by various means ~or the purpose of inducing and which are likely to induce, directly or Indirectly, the purchase of his product in commerce, as "commerce" is defined in the Federal Trade Commission Act. · Among and typical of the various statements and representations contained in such advertisements, disseminated and caused to be dis- Reminated, as set forth above, by the United States mails, by advertiselnents inserted in magazines and periodicals, and by means of circulars and other advertising media, are the following: HELP NATUHE EXPEL MUCUS for symptomatic relief In common colds, nasal catarrh, mucous colitis, non· &llergic types of asthma and bronchitis and ordinary catarrhal conditions In general with ALIMENTONE Alimentone aids In toniqg the mucous membranes and fortifying them against the germs of infection; It aids in cleansing the cell tissue of toxic impurities • • • "' • • It is recommended in the dietary care of lnfiammatlons of the l:nucous membranes.

In cases of Bronchitis and Bronchial Asthma the use ot Alimentone ln the diet Is followed with loosening and raising llu·ge amounts ot mucu:,~ If there ls an accumulation present in the bronchial tubes • • • Many sufferers from constant colds have advised us that their colds Ulsunpeared when Ali mentone w:1s used.

'rhe tendency of Alimentone Is to bring about an effort to eliminate toxic deposits from the tissues, commonly called an "attack." 'rhe primary cause of the distt·ess Is not Alimentone, but ln a foul and depraved eonuition of the colon where toxic poisons originate. When Alimentone, nppa- ~entiy, Is rpmovlng these poisons from the body, with distress consequent In some nstnnces, the usf'r bas good reason to rejoice rather than to complain. . PAn, 4. Through the use of these statements and others of similar h~Port, respondent has represented, directly or by implication, that 18 • Preparation expels or helps to expel mucus from the body; that lt Provides symptomatic relief for catarrhal conditions generally, llasal catarrh, colds, bronchitis, nonallergic types of asthma, and lllucous colitis; that the preparation tones or aids in toning the mucous Order 37F.T.C.

membranes and :fortifies the mucous membranes against infection; that it is o:f therapeutic value in the treatment o:f inflammation of. the mucous membranes; that it is a cure or remedy :for colds; and that it eliminates or aids in the elimination of toxic substances and deposits from the body and tissues.

PAR. 5. Respondent's preparation, which is sold in both tablet and powder form, is composed of powdered wheat embryo, powdered dried skimmed milk, and vegetable concentrates. The expert testimony in the record, which is uncontradicted, establishes that while the preparatiol1 may have some food value, it is wholly without value as a therapeutic agent. It does not expel or help to expel mucus from the body. It is incapable of providing relief, symptomatic or otherwise, for catarrhal conditions, nasal catarrh, colds, bronchitis, any type of asthma, or mucous colitis. It does not tone or aid in toning mucous membranes, nor does it serve to fortify mucous membranes against infection. The preparation is of no therapeutic value in the treatment of inflammation of the mucous membranes. It does not constitute a cure or remedy for colds, nor does it possess any therapeutic value in the treatment of colds. It is wholly incapable of eliminating or aiding in the elimination of toxic substances or deposits from the body or tissues.

PAR. 6. The Commission therefore finds that the state~ents and representations made by respondent with respect to his preparation, as set forth in paragraphs 3 and 4 hereof, are erroneous and misleading and constitute false advertisements.

PAR. 7. The Commission finds further that the use by respondent of these false advertisements has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public with respect to the therapeutic properties and value of respondent's product, and the tendency and capacity to cause such portion of the public to purchase substantial quantities of such ·product as a result of the erroneous and mistaken belief so engendered. CONCLUSION The acts and practices of the respondent as herein found are all to the prejudice 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 respondent, THOMAS E. COLLINS CO. 527 521 Order testimony and other evidence taken before a trial examiner of the Commission theretofore duly designated by it, report of the trial examiner upon the evidence, and brief in support of the complaint (nobrief having been filed by respondent and oral argument not having been requested); and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of the Federal Trade Commission Act. It is ordered, That the respondent, Thomas E. Collins, individually, and trading as Thomas E. Collins Co., or trading under any other name, and his agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering :Cor sale, sale, or distribution of respondent's medicinal preparation designated "Alimentone," or any other preparation of substantially similar composition or possessing substantially similar properties, \'\'whether sold under the same name or under any other name, do forth- . \'\'ith 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 advertisement represents, directly or by implication- {a) That said preparation expels or helps to expel mucus from the body.

(b) That said preparation affords relief for catarrhal conditions generally, or for nasal catarrh, bronchitis, any type of asthma, or :mucous colitis.

(c) That said preparation tones or aids in toning the mucous membranes or fortifies the mucous membranes against infection. (d) That said preparation possesses any therapeutic value in the treatment of inflammation of the mucous membranes. (e) That said preparation is a cure or remedy for colds or possesses any therapeutic value.in the treatment of colds. {f) That said preparation eliminates or aids in the elimination of toxic substances or deposits from the body or tissues. 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 preparationr \'\'which advertisement contains any representation prohibited in paragraph 1 hereof.

It is further ordered, That the respondent shall, within GO days after service upon him of this order, file with the Commission a report in \'\'writing, setting forth in detail the manner and form in which he has complied with this order.

.528 FEDERAL TRADE COMMISSION DECISIONS Syllabus 37F.T.O.