The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1950-10-12
Bromo-SeItzer
Firm Fights FTC
Over Long Period

| Washington (LPA) - Back il
January 1943, the Federal Trade
Commission issued an amended
complaint against the Emerson
Drug Co., Baltimore, makers Of
Bromo-Seltzer. The charge was
false and misleading advertising"
According to ETC member VIII.
lam A. Ayers, before the amended
complaint was issued, "the re-
spondent rejected the opportunity
to correct its advertising voluntar-
lily by the stipulation procedure
The firm decided to fight. Hearings
were held from September 1943 To
August 1948, and the testimony
covers more than 4000 pages, and
includes almost 200 exhibits. Only
when the case, three months ago
was ready to go before an ETC ex-
aminer, did the company offer a
stipulation and agreement. On that
basis the FTC has now dismissed
the complaint without prejudice.
Ayres dissented.
Makers of Seltzer agreed
hereafter to include in it's advertis-
ling the statement Follow the
label-avoid excessive use". The
makers also agreed that they will
no longer advertise that Bromo-
Seltzer "has any effect of reduc-
ing 'acidity' except that of the con-
tents of the stomach, or that
Bromo- Seltzer will relieve fatigue
caused by lack of sleep.
The 1943 ETC complaint said
that continued use of Bromo- -Seltz-
er 'in quantity exceeding the
recommended dose, or with greater
frequency than the recommended
frequency, may cause dependence
upon the drug, skin eruptions,
mental arrangement and collapse,
and its administration to children
may be dangerous and injurious to
their health.
"The palliative effect. does
not extend over a period exceeding
four hours each prescribed does.
Because of these facts, the usual
and customary condition in cases
of persistent headache or other
pain is and will be that there will
exist a tendency for the sufferer
to take more frequent and larger
doses than prescribed. Such in
creased use will in itself tend to
cause headache, creating tend
ency to take additional and more
frequent doses. Respondents ad-
vertisements contain no caution or
warning against use of it's product
in greater amount or greater fire.
quency than as stated on the LABEL"
Ayres, in his dissent, noted that
the complaint charg ed that
through affirmative representa-
tions and through failure to reveal
in advertising the dangers which
may result from the improper usel
of the product, the respondent en-
gagged in false and misleading ad-
vertising."
Ayres argued that if the record
failed to support the complaint,
it should have been dismissed. Ifl
the allegations are supported, "the
remedy should be squarely in ac-
cord with the needs of the public
and should be binding and
enforceable" He charged that the
has not been weighed
against the evidence. He said the
agreement is not enforceable, and
merely brings the possi-
oility of resuming the proceeding
Or starting new one.
Ayres further argued that the
has not followed it's
,wn precedents, and cited two 1916
decisions, in which two firms
made fundamental changes in
heir products by removing the
dangerous Ingredients, eliminat-
ng acetanilid and bromide, "bothl
If which are involved in the pre-
sent proceeding, and agreed that
should they ever use them again
he ETC could proceed against
hem without appeal.
Ayres also dissented, for the
anne reason, from stipulations in
he case of Capudine Chemical Co., |
makers of Hicks Liquid Capudine,
nd Miles Laboratories, makers of
liquid Nervine, Nervine Tablets,
nd DR.. Miles Anti-Pain Pills.
Capudine agreed to stop claimingI
hat its product, because of its
liquid form, will provide quicker
elief for headache pain or ner-
BUSINESS, or that it will restored
'ep or brisk energy after hang-l
verS.