Broadcasting Telecasting (Jan-Mar 1963)

FTC MOVES AGAINST BAYER ASPIRIN Agency seeks injunction against tv, newspaper advertising The Federal Trade Commission last week issued a complaint of false and misleading advertising against Sterling Drug Inc. and its advertising agency, Dancer Fitzgerald Sample Inc., for Sterling's recent newspaper and tv campaign in behalf of Bayer Aspirin. At issue is a report by two doctors and a city health officer in Baltimore on a test of five pain-killer preparations for quickness of relief, duration and side effects. The report was published in the Dec. 29 issue of the authoritative Journal of the American Medical Assn. Not only did the FTC act with unaccustomed speed in issuing the complaint, but, in an unusual move the agency also set the date, April 1, for Television Bureau of Advertising will show its presentation, "Jericho — The Wall Between Us," to advertiser, agency, business association and government officials in Washington, D. C, Jan. 25 at 8:30 a.m. In preparation for the tv promotional meeting are 1 to r, George C. Huntington, executive vice president; James C. Hirsch, vice president; a hearing on the charges. Hearing dates normally are scheduled after a 30-day period during which the respondent may reply to the charges. The trade agency also instructed its staff to apply for a temporary restraining order to enjoin the company from continuing the challenged claims pending disposition of the complaint. The FTC charged that contrary to Sterling's newspaper advertisements and tv commercials: ■ The findings and conclusions of the medical team are its own and have not been endorsed or approved by the federal government or by the American Medical Assn. ■ The clinical investigators did not Norman E. Cash, president, and Jack B. Weiner, director of public relations. These men will represent the bureau at the program. The breakfast-presentation also has been timed to coincide with the U. S. Chamber of Commerce's sponsored Public Affairs Conference. "Jericho," a color film, was first shown publicly in New York last Nov. 16. state as a finding that Bayer Aspirin will not upset the stomach, nor that it is as gentle to the gastrointestinal region as a sugar pill. In fact, the agency stated, the investigators reported there is no significant difference in the degree of relief from pain afforded by other products tested after 15 minutes of administration. In the challenged advertisements, Sterling implied that "a governmentsupported medical team" compared Bayer Aspirin and four other popular pain killers and that the report published in "the highly authoritative Journal of the American Medical Assn." showed that Bayer Aspirin "had a somewhat higher pain relief score than any of the other products," that "higher priced combination of ingredients products" upset the stomach with "significantly greater frequency" than any of the other products tested, and that Bayer Aspirin "is as gentle to the stomach as a plain sugar pill." Ironically, the study was supported by a grant from the FTC for the very purpose of testing the speed, efficacy and side effects of leading pain killer products. Last year the FTC issued complaints against the heavily advertised pain-killer products, challenging their claims of "fast-fast-fast relief." These are still pending. AFM signs contract for radio-tv spots The American Federation of Musicians has signed a new three-year contract with producers of radio and television commercials, calling for an immediate basic wage increase of 5% and an additional 1Vi% in the third year. Currently, musicians are paid on this basis: $60 for a solo sideman; $33.50 each for groups of two to four; $30 each for group of five or more. Leaders are paid twice the scale of sidemen. Another provision of the new contract, which becomes effective on Jan. 31, is that residual payments become effective after 1 3 weeks instead of 26 weeks. National Airlines to Papert, Koenig, Lois National Airlines Inc., Miami, last week assigned its $3.5-4 million advertising account to Papert, Koenig, Lois Inc., New York. The airline, which was recently purchased by L. B. Maytag Jr., is undergoing a major management realignment. Former agency was McCann-Marschalk Inc., Miami. An estimated near $1 million of National's billing has been in spot radio on the East Coast and across the southern tier of states to California. No television has been used in the past. TvB to take its Jericho wall to D.C. 48 (BROADCAST ADVERTISING) BROADCASTING, January 21, 1963