In the Matter of the Complaint Against PROBITY SALES COMPANY, P. O. Box 646 at Ogdensburg, New York 13669 and P. O. Box 603 at Brockville, Ontario, Canada, K6V 5V8 P.S. Docket No. 3/76June 25, 1975
Herbert L. Stewart Administrative Law Judge
APPEARANCES: H. Richard Hefner, Esq. Consumer Protection Office Law Department United States Postal Service Washington, D.C. 20260 for Complainant No appearance for Respondent
This is a proceeding by Complainant against Respondent under 39 U.S. Code 3005 which authorizes action against Respondent upon evidence satisfactory to the Postal Service that Respondent "is engaged in conducting a scheme or device for obtaining money or property through the mails by means of false representations."
Complainant alleges that Respondent is engaged in such a scheme in the solicitation and sale of four products, Okasa Pills, Vie Spice, Bladder Tonic Formula and Menotone, by use of advertising materials by which Respondent, directly or indirectly, in substance and effect represents:
(a) OKASA PILLS are an effective aphrodisiac or sexual stimulant for ment.
(b) VICE SPICE is an effective aphrodisiac or sexual stimulant for men and women.
(c) VICE SPICE cannot harm the user.
(d) BLADDER TONIC FORMULA will effectively relieve and treat bladder irritation.
(e) MENOTONE will effectively relieve the symptoms of women undergoing the menopause.
(f) MENOTONE will effectively relieve the symptoms of women undergoing the menstruation.
Copies of advertisements Respondent causes to be published in its sales solicitations are attached to the Complaint as Ex. A (OKASA PILLS), Es. B (VICE SPICE) and Ex. C (BLADDER TONIC FORMULA and MENOTONE).
These advertisements contain the following statements:
" STIMULATING DRUGS
They're here]
OKASA PILLS
The Silver Wonder Drug
Imported From Germany
the Stimulating Drug for Modern Man
There is no need to emphasize the strain that modern
times put on man. You know it, and become well aware
of it, when exhaustion makes you put off your plans,
when nervousness and irritation upset your sleep and
bring you into conflict with other people, when you
lose interest in sex or when you even deny it to your
partner." (Ex. A)
" VICE SPICE
Imitation Spanish Fly
V I C E S P I C E
ACTS LIKE SPANISH FLY
(Without any harmful effects)
When taken as directed VICE SPICE creates a mild
irritation in the urethral tract. Some of the tiny
particles . . . of this genuinely imported Spice . . .
will find their way into the urine . . . and upon being
excreted . . . will stimulate the sexual parts in both
male & female.
VICE SPICE is safe; it tastes good; and has the
potential of being very exciting." (Ex. B)
" Bladder Irritation?
Try Taking Bladder Tonic Tablets?
BLADDER TONIC
FORMULA
BLADDER TONIC tablets may help by soothing the bladder.
This formula was formulated for relief of minor
irritability of the bladder. It helps case the urge of
the bladder. BLADDER TONIC FORMULA uses only pure HERB
extracts. You can try Bladder Tonic tablets with
confidence." (Ex. C)
" Change of Life?
Menopause Herbal Tonic
MENOTONE
Helps Women through
irregularities of 'Change of Life'
HEADACHE NERVOUSNESS
IRRITABILITY
The combination of herbs in MENOTONE can help bring
welcome relief from the irregularities and discomforts
of 'the change'. Headache, nervousness, irritability,
and stress conditions during their period can often be
relieved by the natural source herbs in this formula.
MENOTONE may be taken by itself or in combination with
a good vitamin supplement." (Ex. C)
Respondent in its answer did not deny use of the advertisements but attributed claims made therein to manufacturers of the products in question. Respondent denied that its advertisements represented Okasa Pills and Vice Spice to be effective sexual stimulants or aphrodisiacs.
A hearing for the presentation of evidence was held on September 23 and 25, 1974. Respondent was not present and was not represented by counsel. Complainant called two witnesses, a postal inspector who testified as to purchase of Respondent's advertised products through the mails and a physician whose medical testimony went to the efficacies of these products.
1. Respondent advertises its products representing such products to be aphrodisiacs or sexual stimulants (Okasa Pills and Vice Spice), effective relief and treatment for bladder irritation (Bladder Tonic Formula), and effective relief and treatment for symptoms of women undergoing the menopause and menstruation (Menotone). These representations are borne out on the face of the advertisements (See Exs. A, B and C attached to Complaint.
2. Respondent has solicited remittances of money through the United States mail (Tr. 13-19) and Respondent's products have been purchased by the mailing of such remittances (Tr. 7-12).
3. Uncontroverted medical testimony revealed the weight of scientific opinion to be:
(a) Okasa Pills and Vice Spice would not be effective aphrodisiacs or sexual stimulants (Tr. 31-32, 34). Further, Vice SPice could injure the genitourinary tract.1/
(b) Bladder Tonic Formula would not serve as an effective means of relief or treatment for bladder irritation (Tr. 34-38).
(c) Menotone will not effectively relieve the symptoms of women undergoing the menopause or menstruation (Tr. 38-43).
Based upon the foregoing and the entire record in this proceeding, I find as follows:
1. Respondent has obtained and seeks to obtain remittances of money through the mail.
2. Respondent does make the representations alleged in the Complaint and heretofore outlined.
3. The representations contained in Respondent's advertising, directly or by implication, are materially false and misleading.
1. Respondent is engaged in conducting a scheme or device for obtaining money or property through the mails by means of false representations in violation of 39 U.S. Code 3005.
2. A remedial order in the form attached as provided in 39 U.S. Code 3005 should be issued.
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