In the Matter of the Complaint Against STIM-U-LAR RESEARCH CORPORATION, 5999 N. W. 18th Court at Sunrise, Florida 33313 P.S. Docket No. 1/179 December 15, 1972 David J. Knight Administrative Law Judge For the Complainant: Daniel S. Greenberg, Esq. Consumer Protection Office U.S. Postal Service Washington, D.C. 20260 For the Respondent: No appearance
1/ This proceeding was commenced by a complaint filed October 3, 1972, by the Postal Service against Stim-U-Lar Research Corporation of Sunrise, Florida, alleging that the Respondent was engaged in a scheme or device to obtain money through the mails by falsely representing its product known as "Magic Mate Oil".
Service of this complaint and a notice of hearing was accom- plished on the Respondent on October 7, 1972, by delivery in hand to one Mr. Jules Diamond, said to be President of Respondent, and the answer was filed on October 18, 1972, also signed by the same Diamond for the Respondent. This answer was filed within the 15 day period to answer a complaint.
The hearing was convened on November 21, 1972. Nobody appeared for the Respondent and I took the evidence of the Postal Service under the mandate of 952.11(b) of the Postal Service Rules of Practice. The Postal Service presented a witness, a Postal Inspector, who obtained the Respondent's product through the mail and remitted $5.98 to Respondent in the form of a postal money order. This testimony establishes the fact that the Respondent does use the mails to obtain money.
The Inspector also received the Respondent's advertisement prior to sending away for the product itself. This ad, introduced into evidence as Exhibit C-2, makes the following representations: It purports to provide a certain "NEw 'Sex Lotion' that helps you enjoy:
1. INSTANT LOVEMAKING URGE. 2. 'FOREVER YOUNG' SENSITIVITY. 3. SPEEDY PENETRATION POWER. 4. LONGER LASTING RIGIDITY. 5. MUTUAL SATISFACTION."
It states that the lotion was devised at breeding stud farms and was applied to both male and female animals which were, "played out." The results of this lotion on the animals allegedly provided them with a miracle mating power and that this occurred within moments after the application.
The ad goes on to state even the aged animals could now function with the vigor of young stallions and studs. The ad indicates that this major breakthrough in sexual rejuvenation was now reported to the scientific world.
The ad states that since the oil worked for stud animals, a special formula was devised so it now works for human beings. "Magic Mate Oil" is represented in this ad and as described in the complaint filed by the Postal Service, to contain a special ingredient. The application of this oil, with its special ingredient, will lead to a normal and healthful urge for coitus and that it will aid in permitting the youthful stiffness and consummation of the urges and will increase the vigor of the act. It will also promote a physiological reaction so that the various liquids involved in the act will be "propelled" or "squited with youthful vigor at the climactic apex of the intimate act." The ad concludes with reports from some three persons who used the lotion and were, paraphrasing the ad, amazed at the results.
Therefore, I find that the ad does represent that, through the use of this "Magic Mate Oil," desire, sensitivity, ability to obtain an erection and prolong the orgasm will be restored or increased as alleged in the complaint.
I find also that the ad represents that this result will occur within seconds after application and that the effect will be the same on the male or female and will occur regardless of the cause of the user's present state of sexual desire or ability or sensitivity or health. Cf. S.S.S. Company v. Federal Trade Commission , 416 F.2d 226 (1969).
The testimony of a chemist shows that the "Magic Mate Oil" consists of 90 percent water and the remainder being methyl nicotinate as well as a very small portion of non-liquid ingredients.
The testimony of the third witness, a medical doctor, shows that the methyl nicotinate, which apparently is the special ingredient, would have an effect on the head and shoulders of a person's body in that it would increase the blushing. It would occur there but would have no effect whatsoever on any other part of the body.
The doctor further testified as to the cause of sexual disinterest or inability in persons and that, if these are not caused by diseases of various parts of the body, it could be a psychological defect known as the psychogenic factor and that, as a person ages, it would be natural for him to generally lose interest in the sexual act. The doctor's conclusion was that the Respondent's product would have no effect on a person's interest or ability to consummate the sexual act.
Based on the evidence on record, then, I find that the representations made by the Respondent are materially false, as a matter of fact. I recommend that an order under 3005 of Title 39, stopping the mail to this Respondent for this product, be issued.
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