Philip Kremer

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

IN THE MATTER OF PHILIP KRE~1ER AND HARRY ~10NOKER TRADING AS THE l\1URD COMPANY COMPLAINT, SETTLEMENT, FINDINGS, A:!'W ORDER IN REGARD TO THE AL- LEGED VIOLATION OF SEC, 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26 Docket 5968. Complaint, JIar. 1952-Dccision, May, 1952 Where t\VO individuals engaged in the manufacture and interstate sale and distribution of a rodenticide preparation designed by them as "Zurd" ; in statements in advertisements concerning their product, directly and by implication- (1) Represented falsely that said rodenticide preparation was 1000/0 efficient in that it would ldll all rats and mice on the premises; would achieve complete control of any rat or mouse problem and would prevent reinfestation by such rodents;

(2) Represented falsely that according to Department of Interior reports the ingredient V,7arfarin has been proven to eliminate all rats and mice on the premises; and (3) Represented that Zurd wns safe and would not be harmful to humans, pets or domestic animals; when in fact it contained a poison and, if ingested, might cause illness and even the death of any warm blooded animal; With tendency and capacity to mislead a substantial portion of the purchasing public into the mistaken belief that such representations were true and to induce it, because of SUcll erroneous belief, to purchase said preparation; whereby substantial trade was unfairly diverted to them from their competitors, and substantial injury was done to competition in commerce: Held That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and their competitors, and constituted unfair and deceptive acts and practices in commerce and unfair methods of competition therein.

Before Afr. John Lewis hearing examiner. Afr. Ed/ward F. Downs ror the Commission. EinnO1' Scnachtel or Philadelphia, Pa., ror respondents. COMPLAINT Pursuant to the provisions or the Federal Trade Commission Act and by virtue or the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that Philip I(remer and Harry J\10noker, individuals and co-partners, trading as The Murd Company, hereinarter referred to as respondents, have violated the provisions or the said Act, and it appearing to the Commission that a proceeding by it in respect thereor would be in the public interest hereby issues its complaint stating its charges in that respect as follows:

Complaint 48 F. T. C. PARAGRAPH 1. Respondents, Philip I(remer and Harry Monoker, are individuals and as copartners trade as The Murd Company with their principal place of business located at 122 Cuthbert Street, Philadelphia, Pennsylvania.

PAn. 2. Respondents are now and for more than one year last past have been engaged in the manufacture, sale and distribution of a rodenticide preparation designated by them as "Zurd " with the formula and directions for use thereof as follows: Formula: Active Ingredients: Percent W n l'farin (3- (a- acetnnylhenzyl) - l1ydroxycoumarin) ------------- 0, 025 Inert Ingredients____---_ _--------------------------------------- 99. 975 Directions:

SUGGESTED USE: Place 2 ounces to 1 pound of contents of this package in locations frequented by rats and mice and protect from children, dogs, cats and livestock by means of bait boxes or cages where necessary. ZURD should be replaced as consumed, 'Vhere a continuous source of infestation prevails from nearby dumps or fields permanent bait. stations should be used and ZURD replenished as needed, IMPORTANT NOTICE: Baiting- should continue until complete lack of feedc ing is noted. This should be from five to fourteen days, Be sure that sufficient ZURD is at hand to complete a continuous 14-day feeding program. If ZUHD is exhau~ted before rats or mice have been completely f'liminnted, it is important to obtain additional ZUHD I)l' Olllptly and. avoid a delay of more than 1 or :2 days in the feeding program. Continuous, uninterrupted feeLliug is what gi\'es you control. MICE: For tontl'olling mice follow the same general directions as for rats except bait placements may be smaller and more placelllent~ should be made. Mice are more difficult to control than rats and complete control may take a longer period of lJaiting.

CAUTION: ZUHD contains as its active ingredients an llDticoagulant cI1emical which if taken accidentally by humans, domestic animal~, or pets may reduce the clotting ability of the blood and serious hemorrhage may result. In case baits are 'ilccidentally eaten, give a tablespoonful of salt in a glass ofwarm water and repeat until vomit fluid is clear, Call a physician immediately. NOTE FOR PHYSICIAXS: When a human has been known to have accidentally ingested ZURD, blood transfusions combined with intravenous inc jectiolis and oral doses of Vitamin K are indil'ated as in the case of hemorrhage caused by overdoses of DICUMAROL, Respondents cause saiel preparation when sold to be transported from their place of business in the State of Pennsylvania to the purchasers thereof located in various other States of the United States and in. the District of ColUlllbia. Respondents maintain and at all times mentioned herein have 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. Their volume of trade in, said commerce has been and is substantial.

THE MURD CO. 1325 1323 Complaint PAR. 3. In the course. and conduct of their business as aforesaid and for the purpose of inducing the purchase of their said preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act, respondents have disseminated and caused the dissemination of certain advertisements, concerning their product, containing but not limited to the following statements and representations: At last A 100% Efficient Scientific Method to KILL RA'l' S and l\IICE with ZURD, New, Revolutionary Hodenticide, Made \with Warfarin, Rids Farmst Stor(~s, Homes of the ?lIost Destructive Animals in the \Vorld and Prevents Reinfestation.

Complete Control Achieved, U, S. Department of Interior reports prove complete elimination of rats and mice \with \Varfarin bait where the use of other poisons was not successful. ZURD is harmless to humans, pets and domestic animals. PAR, 4. Through the use of the statements and representations hereinabove set forth, and others similar thereto but not specifically set out herein, respondents have represented, directly or by implication, as follows:

(a) That lard is 100% etHcient in that it will kill all rats and mice on the premises; that it will achieve complete control of any rat or mouse problem and will prevent reinfestation by such rodents. (b) That according to U. S. Department of Interior reports the ingredient 'Varfarin has been proven to eliminate all rats and mice on the premises.

(c) That Zurd is safe and will not be harmful to humans, pet or domestic animals.

PAR. 5. The statements and representations used and disseminated by respondents in the manner above described are false, misleading and deceptive. In truth and in fact:

(a) Respondents' preparation Zurd is not 100% efficient in that it will not kill all rats and mice on the premises, nor achieve complete control of any rat or mouse problem,m or prevent reinfestation by such rodents.

(b) U. S. Department of Interior reports have not proven nor indicated that the ingredient vVarfa-rill will eliminate all rats and mice on the premises.

(c) Respondents' preparation Zurd contains a poison and if ingested may cause illness and even the death of any warm-blooded mammal.

PAR. 6. Respondents, in the course and conduct of their business as aforesaid, have been and are engaged in substantial competition commerce with other individuals, and with firms and corporations in the sale of rodenticide preparations.

, .

Consent Settlement 48 F. T. C, P AU. 7. The use by respondents or the roregoing raise, misleading and deceptive statements and representations has had and now has the tendency and capacity to mislead a substantial portion or the purchasing public into the erroneous and mistaken belier that such statements are true, and to induce a substantial portion or the purchasing public, because or such mistaken and erroneous belier, to purchase the preparation sold by respondents. As a result thereor substantial trade has been unrairly diverted to respondents rrom their competitors and substantial injury has been and is being done by respondents to competition in commerce.

PAR., 8. The aroresaid acts and practices or the respondents herein alleged, are all to the prejudice and injury or the public and or respondents' competitors and constitute unrair and deceptive acts and practices and unfair methods or competition, in commerce, within the intent and meaning or the Federal Trade Commission Act. CONSENT AND SETTLEMENT 1 Pursuant to the provisions or the Federal Trade Commission Act the Federal Trade Commission, on nlarch 17, 1952, issued and subsequently served its complaint on the respondents named in the caption hereor, charging them with the use or unrair methods or competition and unrair and deceptive acts and practices in violation or the provisions or said Act.

The respondents, desiring that this proceeding be disposed or by the consent settlement procedure provided in Rule V or the Commission s Rules or Practice, solely ror the purposes or this proceeding, any review thereor, and the enrorcement or the order consented to and conditioned upon the Commission s acceptance or the consent settlement hereinarter set rorth, and in lieu or answer to saiel complaint hereby:

1. Admit all the jurisdictional allegations set rorth in the complaint.

2. Consent that the Commission may enter the matters hereinarter set rorth as its findings as to the racts, conclusion, and order to cease and desist. It is understood that the respondents, in consenting to the Commission s entry or said findings as to the. facts, conclusion 1 The Commission s "Notice" announcing and promulgating the consent settlell1en t as pnhliRhed herewith, follows:

The consent settlement tendered by the parties in this proceeding, a copy of which is sen-eel herewith, was accepted by the Commission on llay S, 1952, and ordered entererl D1' record as the Commission s findings as to the facts, conclusion, and order in disposition Df this proceeding.

The time for filing report of compliance pursuant to the aforesaid order runs from the da te of service hereof.

THE MURD CO. 1327 1323 Findings and order to cease and desist, specifically refrain from admitting or denying that they have engaged in any of the acts or practices stated therein to be in violation of law.

3. Agree that this consent settlement may be set aside in whole or in part under the conditions and in the manner provided in paragraph (f) of Rule V of the Commission s Rules of Practice. The admitted jurisdictional facts, the statement of the acts and practices which the Commission had reason to believe were unlawful, the conclusion based thereon, and the order to cease and desist, all of which the respondent consents may be entered herein in final disposition of this proceeding, are as follows:

FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondents, Philip l\:remer and Harry :Monoker are individuals and as copartners trade as The 11urd Company with their principal place of business located at 122 Cuthbert Street, Philadelphia, Pennsylvania.

PAR. 2. Respondents are now and for more than one year last past have been engaged in the manufacture, sale and distribution of a rodenticide preparation designated by them as "Zurd " with the formula and directions for use thereof as follows: Formula: Active Ingredients:

Warfarin (3- (a-acetonylbenzyl) hydroxycoumarin) 0250/0 Inert Ingredients____----------------------------------- 99. 9750/0 Directions:

SUGGESTED USE: Place 2 ounces to 1 pound of contents of this package in locations frequented by rats and mice and protect from children, dogs, cats and livestock by means of bait boxes or cages where necessary, ZURD should be replaced as consumed, Where a continuous source of infestation prevails from nearby dumps or fields, permanent bait stations should be used and ZURD replenished as needed. IMPORTANT KOTICE: Baiting should continue until complete lack of feeding is noted. This should be from fiye to fourteen days. Be sure that sufficient ZURD is at hand to complete a continuous 14-day feeding program. If ZUHD is exhausted before rats 01' mice have been completely eliminated, it is important to obtain additio:c.al ZURD promptly and avoid a delay of more than 1 or 2 days in the feeding program. Continuous, uninterrupted feeding is what gives you control.

JUICE: For controlling mice follow the same general directions as for rat~ except bait placements may be smaller and more placements should be made Mice are more difficult to control than rats and complete control may take a longer period of baiting, CAUTION: ZURD contains as its active ingredients an anticoagulant chemical which if .taken accidentally by humans, domestic animals, or pets may reduce the clotting ability of the blood and serious hemorrhage may result, In case 213840--54---- Findings 48 F, T. C.

baits are accidentally eaten, give a tablespoonful of salt in a glass of warm water and repeat until ...-omit fluid is clear. Call a physician immediately, NOTE FOR PHYSICIANS: Whp.n a human has been known to have accidentally ingested ZURD, blood transfusions combined with intravenous injections and oral doses of Vitamin K are indicated as in the case of hemorrhage caused by overdoses of DICUMAROL, Respondents cause said preparation when sold to be transported from their place of business in the State of Pennsylvania to the purchasers thereof located in various other States of the United States and in the District of Columbia. Respondents maintain and at all times mentioned herein have 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. Their volume of trade in said commerce has been and is substantial. PAR. 3. In the course and conduct of their business as aforesaid and for the purpose of inducing the purchase of their said preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act, respondents have disseminated and caused the dissemination of certain advertisements, concerning their product, containing but not limited to the following statements and representations: At last A 100% Efficient Scientific Method to KILL RATS and MICE with ZURD. New, Revolutionary Rodenticide, Made with "Tarfarin, Rids Farms Stores, Homes of the Most Destructive Animals in the .World and Prevents Reintestation.

Complete Control Achieved.

U. S, Department of Interior reports prove complete elimination of rats and mice with Warfarin bait where the use of other poisons was not successful. ZURD is harmless to humans, pets and domestic animals. PAR. 4. Through the use of the statements and representations hereinabove set forth, and others similar thereto but not specifically set out herein, respondents have represented, directly or by implication, as follows:

(a) That Zurd is 100% efficient in that it will kill all rats and mice on the premises; that it will achieve complete control of . any rat or mouse problem and will prevent reinfestation by such rodents. (b) That according to U. S. Department of Interior reports the ingredient ,'T arfarin has been proven to eliminate all rats and mice on the premises.

( c) That Zurd is safe and will not be harmful to humans, pet or domestic animals.

PAR. 5. The statements and representations used and disseminated by respondents in the manner above described are false, misleading and deceptive. In truth and in fact: (a) Respondents' preparation Zurd is not 100% efficient in that it will not kill all rats and mice on the premises, nor achieve complete THE MURD CO. 1329 1323 Order control of any rat or mouse problem or preyent reinfestatioll by such rodents.

(b) U. S. Department of Interior reports have not proven nor inclicated that the ingredient "\tVarfarin will eliminate all rats and mice on the premises.

( c) Respondents' preparation Zurd contains a poison and if ingested may cause illness and even the death of any warm blooded mammaL PAR. 6. Respondents, in the course and conduct of their business, as aforesaid, have been and are engaged in substantial competition in commerce with other individuals, and with firms and corporations in the sale of rodenticide preparations.

PAR. 7. The use by respondents of the foregoing false, misleading and deceptive statements and representations has h~d and now has the tendency and capacity to mislead a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements are true, and to induce a substantial portion of the purchasing public, because of such mistaken and erroneous belief, to purchase the preparation sold by respondents. As a result thereof substantial trade has been unfairly diverted to respondents from their competitors and substantial injury has been and is being done by respondents to competition in commerce.

CONCLUSION The acts and practices of the responde.nts, as herein found, are all to the prejudice and injury of the public and of respondents competitiors and constitute unfair and deceptive acts and practices and unfair methods of competition, in commerce, within the intent and meaning of the Federal Trade Commission Act. ORDER TO CEASE AND DESIST It is ordered That respondents Philip Kremer and Harry l\lonokel' individually and as co-partners trading as The ~1urd Company, or under any other name or names, their agents, representatives and employees, jointly or severally, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution in commerce, as "commerce" is defined in the Federal Trade Commission Act, of a rodenticide preparation designated ZunI" or any other rodenticide preparation of substantially similar composition or possessing substantially similar properties, whether sold under the same name or under any other name or names, do forthwith cease and desist from representing directly or implication:

1330 FEDERAL TRADE COI\IMISSION DECISIONS Order 48 F, T, C.

1. That said rodenticide preparation is 100% efficient, that it will kill all rats or all mice on the premises, or that it will achieve complete (~control or any rat or mouse problem or "Win prevent reinrestatioll by such rodents.

2. That according to the U. S. Department or the Interior reports the ingredient 1Varrarin has been proven to eliminate all rats or all mice on the premises.

3. That respondents' said preparation is safe and will not be harmful to humans, pets or domestic animals.

ft -is fU,7'the7' ordered That the respondents shall, within 60 days alter service upon them or this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

( s) Murd Company, 1IuRD COl\IPANY.

(s) Phiz,lp It re71wr PHILIP KREMER.

(s) ar7' y 111onoker HARRY ~IONOKER.

April 28, 1952.

The foregoing consent settlement is hereby accepted by the Federal Trade Commission and ordered entered of record on this the 8th day of l\-lay 1952.

q, DOESKIN PRODUCTS, :U~C. 1331 Complaint