Biopractic Group, Inc

Volume 104 · 104 F.T.C. 845

Citation: 104 F.T.C. 845
Docket: C-3148
Complaint: 1984-12-12
Decision: 1984-12-12
Document type: consent order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: health care products
Outcome: consent order entered
Relief: cease_and_desist; recordkeeping; compliance_reporting; notice_to_customers
Commission counsel: William Haynes and Nancy Warder
Respondent counsel: Pro se
Source: Original volume PDF
Original PDF: This decision as a PDF

deceptive advertising health claims endorsements

Cite this decision

Biopractic Group, Inc, 104 F.T.C. 845 (1984). Consumer Law Library, https://consumerlawlibrary.org/decisions/v104-0028

Report an error in this record (decision id v104-0028)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 10 later FTC decisions

THE B.F. GOODRICH COMPANY, ET AL cited_neutral
THE B.F. GOODRICH COMPANY, ET AL cited_neutral
THE B.F. GOODRICH COMPANY, ET AL cited_neutral
OCCIDENTAL PETROLEUM CORPORATION, ET AL cited_neutral
THE COCA-COLA COMPANY cited_neutral
GENERAL MOTORS CORPORATION cited_neutral
CADENCE DESIGN SYSTEMS, INe applied
MCWANE, INC. AND STAR PIPE PRODUCTS, LTD cited_neutral
NIELSEN HOLDINGS N.V. AND ARBITRON INC cited_neutral
NIELSEN HOLDINGS N.V. AND ARBITRON INC treatment unresolved

Cites

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

BIOPRACTIC GROUP, INC. 845

Complaint

IN THE MATTER OF

BIOPRACTIC GROUP, INC.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATIONS OF SEC. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT

Docket C-3148. Complaint, Dec. 12, 1984—Decision, Dec. 12, 1984

This consent order requires a Riegelsville, Pa. corporation, among other things, to cease representing that any new drug or device provides relief from the inflammation and joint stiffness associated with arthritis and other musculoskeletal ailments, unless such claims are substantiated by competent and reliable evidence. The Order also bars the company from making unsubstantiated claims that any drug or device has been praised as an effective treatment for arthritis and similar ailments by doctors, medical centers and athletic teams; or that any such product has been reported to be an important breakthrough in pain management in newspaper and magazine articles or on TV or radio. The company is additionally required to maintain records substantiating product claims, and to provide all personnel involved in the preparation of advertising and promotional materials with a copy of the Order.

Appearances

For the Commission: William Haynes and Nancy Warder

For the respondent: Pro se.

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 Biopractic Group, Inc. (Biopractic), a corporation, hereinafter sometimes 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 Biopractic is a corporation with its office and principal place of business located at 328 Easton Road, Riegelsville, Pennsylvania.

PAR. 2. Respondent is now and has been engaged in the manufacturing, advertising, offering for sale, sale and distribution of Therapeutic Mineral Ice. In connection with the manufacture and marketing of Therapeutic Mineral Ice, respondent is now and has been engaged in the dissemination, publication, and distribution of advertisements and promotional material for the purpose of promoting the sale of

Complaint 104 F.T.C.

Therapeutic Mineral Ice for human use. As advertised, Therapeutic Mineral Ice is a "drug" within the meaning of Section 12 of the Federal Trade Commission Act.

PAR. 3. Respondent causes Therapeutic Mineral Ice when sold to be transported from its place of business in various states to purchasers located in other states. Respondent maintains, and at all times mentioned herein has had, a substantial course of trade in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act.

PAR. 4. In the course and conduct of its business, and at all times mentioned herein, respondent has been and now is in substantial competition in or affecting commerce with corporations, firms, and individuals engaged in the manufacture or marketing of health care products.

PAR. 5. In the course and conduct of its business, respondent has disseminated and caused the dissemination of certain advertisements and promotional materials for Therapeutic Mineral Ice, such as the advertising material attached hereto as Exhibit A, through the United States mail and by various means in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act.

PAR. 6. Through the use of the advertisements and promotional materials referred to in Paragraph Five, and others not specifically set forth herein, respondent represented, and now represents, directly or by implication, that:

a. Therapeutic Mineral Ice has been praised as an effective treatment for arthritis and other musculoskeletal ailments by medical doctors, leading medical centers, professional athletic teams, and the United States and Russian Olympic track teams; and

b. Therapeutic Mineral Ice has been reported to be an important new breakthrough in pain management in news reports of the Associated Press and in news stories in the National Enquirer, Globe, and Star.

PAR. 7. In truth and in fact:

a. Therapeutic Mineral Ice has not been praised as an effective treatment for arthritis and other musculoskeletal ailments by medical doctors, leading medical centers, professional athletic teams, and the United States and Russian Olympic track teams; and

b. Therapeutic Mineral Ice has not been reported to be an important new breakthrough in pain management in news reports of the Associated Press and in news stories in the National Enquirer, Globe and Star.

Therefore, the representations set forth in Paragraph Six were and are false, deceptive, misleading, and unfair, and the advertisements

BIOPRACTIC GROUP, INC. 041 845 Complaint

and promotional materials referred to in Paragraph Five were and are misleading in material respects, and have constituted and now constitute false advertisements.

PAR. 8. Through the use of the advertisements and promotional materials referred to in Paragraph Five and others not specifically set forth herein, respondent represented, and now represents, directly or by implication, that:

a. Therapeutic Mineral Ice will provide relief from the inflammation and joint stiffness that characterizes arthritis and other musculoskeletal ailments; and b. Therapeutic Mineral Ice stimulates the beta-endorphins present in the human body.

PAR. 9. Through the use of the advertisements and promotional materials referred to in Paragraph Five, respondent has represented and now represents directly or by implication that, at the time the representations set forth in Paragraph Eight were made, it possessed and relied upon a reasonable basis for those representations.

PAR. 10. In truth and in fact, respondent did not, at the time the representations set forth in Paragraph Eight were made, possess and rely upon a reasonable basis for those representations. Therefore, the representation set forth in Paragraph Nine was and is unfair and deceptive.

PAR. 11. The use by respondent of the aforesaid unfair and deceptive representations and the dissemination of the aforesaid false advertisements and promotional materials has had, and now has, the capacity and tendency to mislead members of the consuming public into the erroneous and mistaken belief that said representations were and are true and has induced, or is likely to induce, directly or indirectly, the purchase of Therapeutic Mineral Ice.

PAR. 12. The facts and practices of respondent, as herein alleged, including the dissemination of the aforesaid false advertisements and promotional materials, were and are all to the prejudice and injury of the public and of respondent's competitors and constituted, and now constitute, unfair methods of competition in or affecting commerce, and unfair and deceptive acts or practices in or affecting commerce in violation of Sections 5 and 12 of the Federal Trade Commission Act, as amended.

Commissioner Bailey voted in the negative. Commissioner Azcuenaga abstained.

Complaint 104 F.T.C.

EXHIBIT A

Doctors at leading Medical Pain Centers reveal amazing new anti-inflammatory [ICE THERAPY] treatment for control of Arthritic, Rheumatic pain. Associated Press, National Inquirer, Globe, Star, report on important new break-through in pain management.

Called "cryotherapy", Doctor's hail the important new "pain-killing" technique as a "major breakthrough" for relieving inflammation, easing stiffness, reducing swelling, soothing aches and pains associated with Rheumatism and Arthritis. The inflammation that causes the pain, soreness and stiffness in the joints and muscles of arthritis, rheumatism, bursitis and even simple muscular aches and pains. Until now, the only way to relieve pain was to treat the inflammation with drugs. But now, with Therapeutic Mineral Ice, you can cool the inflamed area, reduce the swelling, and stop the pain. Only your doctor can tell you about the latest medical break-through that actually "kills" pain.

Called Therapeutic Mineral Ice, this new development is a combination of natural and proven ingredients in a lotion form. It is greaseless, stainless, and pleasant to use. It's the only product of its kind in the world and it works on contact. In fact, with Therapeutic Mineral Ice many people experience relief from pain with one application. For those with severe and chronic conditions, with their pain constantly present, they can now, for the first time, get the relief they need. For the first time, YOU CAN CONTROL YOUR PAIN AND END YOUR SUFFERING. Yes, you can now control your pain. You simply rub Therapeutic Mineral Ice on the painful area as often as needed and with complete safety, it starts relieving pain instantly. It goes to work immediately to reduce swelling and inflammation and relieve pain on contact. Brings blessed relief day or night.

New Therapeutic Mineral Ice Replaces Dangerous Aspirin, Drugs, All Analgesics, Balms, Liniments.

You hurt, but why punish the rest of your body to reach the pain? Since nature reacts to pain by making the area feel lighter, it makes sense to use a product that works with nature. New Therapeutic Mineral Ice is a unique, non-medical, non-prescription formula that helps your body relieve the pain. It helps increase the blood supply to the painful area, thereby breaking the pain cycle, allows your body to heal itself.

The most important discovery in the history of pain relief! Therapeutic Mineral Ice is a major medical breakthrough for the treatment of arthritis, rheumatism, bursitis and other inflammatory conditions.

For years, doctors have used ice packs to reduce swelling and relieve pain. Ice works by decreasing the flow of blood to the injured area, thereby reducing swelling and inflammation. But ice is difficult to apply, messy, and can't be used for long periods of time. Therapeutic Mineral Ice is a unique, greaseless, stainless lotion that gives you the benefits of ice therapy in a convenient, easy-to-use form. It goes on smooth, vanishes quickly, and starts to work immediately. It's the only product of its kind in the world and it works on contact.

Doctors, Medical Pain Centers, Physical Therapists, and Professional Athletes use and recommend Therapeutic Mineral Ice. It has been proven effective in relieving the pain of arthritis, rheumatism, bursitis, and other inflammatory conditions. It is also used by professional athletes for the relief of sore muscles, sprains, and strains.

The simplest management of pain is obtained by the medical profession. Physicians use Therapeutic Mineral Ice to relieve pain. It is applied to the painful area, and it goes to work immediately to reduce swelling and inflammation. It is a safe, effective, and proven formula that can be used by anyone. It is not a drug, it is not a medication, it is a natural product that helps your body heal itself.

Therapeutic Mineral Ice is available without a prescription. It is a safe, effective, and proven formula that can be used by anyone. It is not a drug, it is not a medication, it is a natural product that helps your body heal itself.

Therapeutic Mineral Ice is a unique, non-medical, non-prescription formula that helps your body relieve the pain. It helps increase the blood supply to the painful area, thereby breaking the pain cycle, allows your body to heal itself.

Therapeutic Mineral Ice is a major medical breakthrough for the treatment of arthritis, rheumatism, bursitis and other inflammatory conditions.

BIOPRACTIC GROUP, INC.

845 Decision and Order

DECISION AND ORDER

The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission's Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent is a corporation organized, existing and doing business under and by virtue of the laws of the State of Pennsylvania, with its office and principal place of business located at 328 Easton Road, in the city of Riegelsville, State of Pennsylvania.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER

It is ordered, That respondent Biopractic Group, Inc., a corporation, its successors, assigns, officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division or other device, in connection with the advertising, offering for sale, sale or distribution of any "drug" or "device," as those terms are defined

Decision and Order 104 F.T.C.

in the Federal Trade Commission Act, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing that such product

a. Provides relief from the inflammation and joint stiffness that characterizes arthritis and other musculoskeletal ailments; b. Stimulates the beta-endorphins present in the human body;

c. Has been praised as an effective treatment for arthritis and other musculoskeletal ailments by medical doctors, leading medical centers, professional athletic teams, or Olympic teams; or d. Has been reported to be a breakthrough in pain management in articles in newspapers, magazines, or in television or radio news reports;

unless at the time of the dissemination of such representation respondent possesses and relies upon adequate substantiation for such representation, including, for the representations described in subparts a and b, competent and reliable scientific or medical evidence in the form of at least two independently conducted, well-controlled, double-blinded clinical studies that conform to acceptable designs and protocols, are conducted by persons who are qualified by training and experience to conduct such studies, and substantiate the representations made by the respondent. Provided, however, with respect to any such representation set forth in subparts a and b above for over-the-counter drugs, if the Food and Drug Administration publishes any tentative or final standard which establishes conditions under which a product is safe and effective, then, in lieu of the two double-blinded clinical studies, respondent may possess and rely upon such standard (until such standard is superseded) if it substantiates the representation.

It is further ordered, That respondent maintain, for at least three (3) years beyond the last dissemination of any advertisement or promotional material covered by this order, complete business records demonstrating compliance with this order. Such records shall include, but not be limited to, copies of and dissemination schedules for all advertisements and promotional materials; and documents that substantiate or that contradict or qualify any claim made in advertising, promoting or selling any product covered by this order.

BIOPRACTIC GROUP, INC. 851

845 Decision and Order

III

It is further ordered, That respondent notify the Commission at least thirty (30) days prior to the effective date of any proposed change in Biopractic Group, Inc., such as dissolution, assignment or sale, resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order.

It is further ordered, That the respondent shall forthwith distribute a copy of this order to each of its operating divisions, and to all present and future personnel, agents, or representatives who are engaged in the preparation and dissemination of advertisements and promotional materials and that the respondent shall secure from each such person a signed statement acknowledging receipt of the order.

It is further ordered, That the respondent shall, within sixty (60) days after this order becomes final, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with this order.

Commissioner Bailey voted in the negative. Commissioner Azcuenaga abstained.

Complaint 104 F.T.C.

IN THE MATTER OF

B.A.T INDUSTRIES, LTD., ET AL.

DISMISSAL ORDER, ETC., IN REGARD TO ALLEGED VIOLATIONS OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT AND SEC. 7 OF THE CLAYTON ACT

Docket 9135. Complaint, May 13, 1980—Final Order, Dec. 17, 1984

This Order affirms the Initial Decision of the Administrative Law Judge and dismisses the FTC complaint alleging that acquisition of Appleton Papers, Inc., the leading U.S. producer of chemical carbonless paper (CCP) by B.A.T Industries, Ltd. ("B.A.T") had violated Sec. 7 of the Clayton Act and Sec. 5 of the FTCA, by eliminating the potential for competition between the two companies in the U.S. CCP market. For reasons set forth in its Opinion, the Commission held that the record showed no "clear proof" that B.A.T would have entered the U.S. CCP market independently had it not acquired Appleton.

Appearances

For the Commission: Steven A. Newborn, John V. Lacci, Sandra G. Wilkof and Daniel J. Yakoubian.

For the respondents: David Schechter, in-house counsel, Jay Topkis, Daniel J. Beller, Eric M. Freedman, and Daniel Victor, Paul, Weiss, Rifkin, Wharton & Garrison, New York City.

COMPLAINT

The Federal Trade Commission, having reason to believe that B.A.T Industries, Ltd. ("BAT"), and Appleton Papers, Inc. ("Appleton"), respondents herein, have violated Section 7 of the Clayton Act, as amended (15 U.S.C. 18) and Section 5 of the Federal Trade Commission Act, as amended (15 U.S.C. 45) through the acquisition by BAT of the assets of the Appleton Papers Division of NCR Corporation ("NCR"), and that a proceeding in respect thereof would be in the public interest, hereby issues its Complaint, pursuant to Section 11 of the Clayton Act (15 U.S.C. 21) and Section 5(b) of the Federal Trade Commission Act (15 U.S.C. 45)), stating its charges as follows:

I. DEFINITIONS

1. For purposes of this Complaint, the following definition will apply:

Chemical carbonless paper ("CCP") is any product which uses a

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