Joseph C. Bradley

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IN THE MATTER OF JOSEPH C. BRADLEY ET AL.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATIO~ OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 2G, 1914 Docket 3072. Complaint, Mar. 10, 1937-Decision, Jan. 27, 1939 Where an individual engaged as owner o! an electromagnetic health appliance or belt, in sale and distribution thereof from his place of residence in Toronto, Canada, through agents and subagents In the United States, and said agents, engaged as aforesaid, along with others likewise engaged in manufacture and sale or sale of various appliances made and sold for operation with ordinary house current and used in therapeutic treatment for prevention of or relief from various ailments and pathological condi· tions, and in competition with others engaged in manufacture, sale, and distribution of magnetic appliances or devices for treatment of various diseases; in soliciting and causing their said agents to solicit sale of said so-called Harmony Electro-Magnetic Health Appliance or Harmony Belt to members of the public through advertising jointly prepared and used bY them in radio broadcasts, in newspapers and letters, and by means of circulars, booklets, and other printed matter in furtherance of their common understanding, combination, and agreement and joint efforts directed to promoting the sale of said device or belt throughout the United States- (a) Represented that said appliance was an effective, safe, tested, and tried and proven therapeutic agent and that electromagnetism had a thoroughly relaxing effect and stt·engthened vi tall ty, assisting oxidation, increasing circulation, aiding metabolism, stimulating the nerves, and building up the body) etc., and thro·ugh stimulating circulation dissolved the poisons so that they could be removed, and through removing the cause of disease permitted the body to rebuild itself;

(b) Represented that said appliance or belt created an intensified magnetic field and that use thereof would remove acidosis and toxicosis from the system and bring quick relief from and overcome such troubles as rheumatism, stiff jalnts, arthritis, lumbago, neuritis, high blood pressure, strokes, eczema, old-age troubles, phlebitis, and vm·ious others, and that it equalized and built up the circulation and had shown wonderful results In various ailments above set out and indicated; (c) Represented that said device or belt proved effective in cases of heart trouble and other ailments and resulted in the carrying away of poisons involved through their natural channels and that it assisted kidneys and bowels in performing their normal functions and aided in removing poisons from the body;

Facts being that said device would have no effect upon health by virtue of magnetic field created nor have any effect on diseases for which it was claimed as being remedial and curative as above set forth other than such temporary alleviation as it might afford in certain cases through heat produced, such as accomplished through hot-water battle, and it would not be of any effect with respect to the functioning of the kidneys, bowels, JOSEPH C. BRADLEY ET AL. 251 250 Complaint lungs, and skin in the elimination of poisons from the body, or functioning of the liver or elimination of poisons from the blood and would not be effective in such removal;

'With capacity and tendency to mislead and deceive members of the public into the belief that such statements and representn.tions were true, and into purchasing or using said device or belt in reliance thereon and with intent of deceiving, misleading, or injuring members of public and inducing pur- I chase thereby of said device for substantial sums thereof for use in self- il treatment, and with result of deceiving, misleading, and inveigling members of public into purchasing same, with great loss in money, and with resulting neglect or delay in obtaining competent medical advice and con- I' sequent likelihood of having ailments and diseases to which purchasers I were subject, including such conditions as anaemia, heart trouble, and 1: rundown condition due to many causes and for which there are many I''· remedies by medical profession, progress from point where timely application I' and competent medical science or skill or proper appliances might avail to relieve or cure, to condition where those afflicted were beyond human aid, and with further elfect, through such acts and practices, of euusing trade to be diverted from competitors to themselves: lleld, That such acts and things done and caused to be done by them were each and all to the prejudice of the public and competitors and constituted unfair methods of competition in commerce. · Before Mr. lV. W. Sheppard, trial examiner. lllr. Clarlc Nichols for the Commission.

Mr. II. F. Full-ing, of Tulsa, Okla., for William M. Ireland. Complaint Pursuant to the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," the Federal Trade Commission, having reason to believe that Joseph C. Bradley, John 1\f. Schulz, ·william M. Ireland, Frieda E. Breslin, and A. R. Erbe, hereinafter referred to as respondents, have been and now are using unfair methods of competition in commerce as "commerce" is defined in 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 Joseph C. Bradley is an individual re- I' siding at No.4, St. Clair Street 'Vest, in the city of Toronto, Ontario, Canada. Respondent John 1\f. Schulz is an individual residing at No. 425 West Ferry Street, in the city of Buffalo, N. Y. Respondent William M. Ireland is an individual residing at No. 1423 South Boston Street, in the city of Tulsa, Okla. Respondent Frieda E. Breslin is an individual residing at No. 37 South Washington Street in the city of 200346m---40---voi.2e----19 Complaint 28F. T.C.' 'Vilkes-Barre, Pa., and respondent A. R. Erbe is an individual resid· ing at No. 509 Luzerne A venue in· the city of ·west Pittston, Pa. PAR. 2. The respondents, since on or about August 1931 to the date hereof, are and have been engaged in a common understanding, com· bination, and agreement, knowingly and unlawfully, to sell and to cause certain electromagnetic appliances, more particularly herein· after described as Harmony Belts, to be sold to members of the public in the United States for use by such purchasers in self-therapeutic treatment for the purpose of the prevention, the cure, or the relief of the user of the appliance from one or more physical ailments, diseases, or pathological conditions of the human body, including those men· tioned and referred to hereinafter, to which the user was subject, or to which the user thought or believed he was subject or suffering there· from.

In accordance with and in pursuance of the said common under· standing, combination, and agreement, as hereinafter set forth~ the_ tespondents have sold the Harmony Belts, among others, to members of the public in the States of Pennsylvania, New Jersey, New York, Oklahoma, and Kansas, purchasers of the appliances to whom the respondents have caused Harmony BeJts, when so sold by them, to be transported in interstate commerce from Buffalo, N. Y., ancl_in foreign commerce from Toronto, Canada, to the purchasers located in the United States including New York and said other States. PAR. 3. During all the times herein mentioned the electromagnetic appliance, called Harmony Belt, consisted substantially of a coil con· taining several hundred turns of wire in layers, the separate layers of wire being insulated from each other by paper. The inside of the coil was stiffened with a piece of impregnated burlap or other mate· rial, and, thus prepared, the whole was wrapped in padding and sewed in a cover of artificial leather. Permanently attached to the cover wns a metal housing provided with toggle switches marked "Off-On'' and "High-Low." 'Vhen assembled and ready for use the appliance somewhat resembled a horse collar in size and general appearance. The Harmony Belt, when in use by a member of the public for the treatment of ailments, diseases, or pathological conditions of the hu· man body, is and has been operated by connecting it with the electric current supplied to residences by public service corporations for ordi· nary house service. 'Vhen the appliance is so connected to electric current a magnetic field is created in the space within its circumfer· ence. The strength of the magnetic field so created by the appliance measures and has measured, approximately 17 gauss at or about its center.

JOSEPH C. BRADLEY ET AL. 253 250 Complaint PAR. 4. There is iron in the blood plasms, in the red corpuscles, ~nd in the muscles of the human system. There are traces of iron In nearly all human or animal tissues. The iron in the human or animal system, however, is nonmagnetic. It is not permanently or spontaneously magnetic.

Magnetism or electromagnetism has no effect upon bacteria, the cause of many ailments or diseases, either upon their growth, their reproduction, or their virulence, and electromagnetic fields measuring many thousands of gausses can produce no demonstrable physical or Pl1ysiological effect in the human body.

The application or use of the Harmony Belt in physiotherapy (that is, treatment by mechanical appliance or apparatus, as distinguished from medical therapy) does not produce or cause, it has not produced or caused, and it cannot produce or cause any demonstrable physical or physiological change or effect in the body of any person subjected to its application or use in treatment for the prevention, the cure, or the relief of any physical ailment, disease, or pathologjcal condition . . PAR. 15. During all the times mentioned and referred to above, other Individuals, firms, and corporations, located in various States of the United States and hereinafter referred to as sellers, are and have been engaged, respectively, some of them in the business of the manufacture and sale, and others in the business of the sale of various appliances that are and have been made and sold to be operated with electric current, such as is supplied to residences for ordinary house service by public service corporations, and used in therapeutic treatment for the Prevention of, or the relief from physical ailments, diseases, or patlwlogical conditions of the human body. ' Some of such appliances are and have been sold by the scilers to the public and to deniers for resale to members of the public for. their use iri. self-therapeutic treatment, and others of such appliances are and have been sold by the sellers to physicians and others skilled in their use, for use in the therapeutic trea~ment by such skilled persons of physical ailments, diseases, or pathological conditions of the human body, including some of the ailments, diseases, or conditions mentioned and referred to in paragraph 7 hereot . The sellers during said times, have sold the respective appliances above referred to and described, to dealers for resale and to members of the public, purchasers· thereof, located in States other than the· State of the seller or the State of origin of the shipment and the sellers, respectively, have caused the appliances, when so sold by them, to be transported from the State of the seller, or the State of origin of the shipment, to the purchasers located in said .other States. · Complaint 28F.T. C.

The respondents, during all the times mentioned and referred to in paragraphs 2 and 5 hereof, are and have been in substantial competi· tion in interstate commerce in the sale of the appliances, called Har· mony Belts, with the sellers referred to above. PAR. 6. Pursuant to the common understanding, combination, and agreement above mentioned, with knowledge thereof on the part of all the respondents and in furtherance thereof, the respondents Bradley and Schulz, doing business under the name Harmony Electro Manufacturers with places of business in Buffalo and Toronto, en· gaged in the manufacture and sale of the Harmony Belts, sold by then1 and the other respondents, as follows:

The respondent Bradley appointed the other respondents, respec· tively, as agents, each to sell the belts within certain territory with permission on the part of the other respondents, respectively, to ap· point subagents, with the knowledge and consent of respondent Bradley. When sales o:f the belt were made to members o:f the public by the respondent-agents or their subagents, the Harmony Belts to complete such sales were bought by the respondent-agents from re· spondents Bradley and Schulz who made the belts and caused them when made to be transported :from Buffalo, N. Y., and Toronto, Canada, to the agents ordering them at their respective locations, to be delivered by them or their subagents to the purchasers and users of the belts. The respondent-agents paid to the respondent Bradley $6 to $9 for each of the belts manufactured and shipped to them by the respondents Bradley and Schulz. The respondent-agents charged their resp~ctive subagents approximately $22 for each belt sold by the subagents to a member of the public, and the agents and subagents sold the belts to the members of the public, users thereof at the price of approximately $65 to $75 each. PAn. 7. Pursuant to the above common understanding, combination, and agreement, and in furtherance thereof, the respondents solicited and caused their subagents to solicit the sale of the Harmony Belts to members of the public in the several States in their respective territories by means of radio broadcasts, advertisements in magazines having general circulation in the various States, in newspapers, letters, and by means of circulars, booklets, and other printed matter in which the respondents caused statements and representations to be made to the public concerning the use and effect of the use of the Harmony Belts, among others, statements and representations to the effect that science had made wonderful progress in the treatment of disease by electromagnetism; that electromagnetism had brought health and happiness to thousands and that thousands were' already helped by it; that the Harmony Belts created a remarkable curative JOSEPH C. BRADLEY ET AL. 255 250 Complaint agent which had helped thousands of persons; that among the persons who obtained the Harmony Belts and were helped by its use 'Were those who, with rare exceptions, were extremely discouraged "With the results obtained by other means of treating their ailments or diseases; that the Harmony Belt, because of electromagnetism pro- I duced by it, tended thoroughly to eliminate toxic products from the i entire system and that diseases which arose directly and indirectly I. from toxic poisoning had successfully responded to treatment with the Harmony Belts; and, that among such diseases were the following, and many others:

Asthma Nervous disorder Arthritis Neuritis Bronchitis Paralysis Constipation Poor circulation Dropsy Prostatic gland Eczema Rheumatism Gall bladder Sciatica Goiter Sinus trouble Hemorrhoids Stomach trouble High blood pressure Tumors :I ',J Heart trouble Ulcers I Insomnia Varicose veins I ~ Lumbago PAR. 8. The statements and representations mentioned and referred l to in paragraph 1 hereof were each and all false statements and rep- lresentations, and the respondents knew, or with the use of ordinary I and reasonable care should have known that the said statements andrepresentations made and caused to be made by them to the public l, Were each and all false statements and representations. The said statements and representations above mentioned and referred to, made and caused to be made by the respondents, each and all had the capacity and tendency to deceive and mislead members of the public into the belief that they were true, and in reliance upon that belief, into purchasing and using the Harmony Belts, and the said statements and representations were made and caused to be f I:made by the respondents with the intent and purpose of deceiving, :misleading, and inveigling members of the public (unfortunate victims, suffering from ailments and diseases, the causes and defects of which, in general, they knew little or nothing, and which were, in :many instances, incurable or beyond assistance from medical science or skill) into purchasing Harmony Belts for the substantial sums of from $65 to $75 for use in self-treatment, and members of the public 'Were deceived, misled and inveigled thereby into purchasing the same to their great loss in money, and in further consequence into neglect- Findings 28F.T.C.

ing or delaying obtaining competent medical advice or assistance with the still further consequence that the physical ailments or diseases to which they were subject were likely, in many instances, to progress from a condition, where competent medical science or skill, or proper appliances used in physiotherapy, if timely applied, might avail to relieve or cure, to a condition where the afflicted persons were beyond human aid. · The respondents by means of the conspiracy above mentioned and the said statements and representations made and caused by them to be made in the sale of Harmony Belts caused trade in appliances used in physiotherapy to be diverted to them from competitors. PAR. 9. The above acts and things done and caused to be done by the respondent were, and are, each and all to the prejudice of the public and of respondent's competitors and constitute unfair methods of competition in commerce within the meaning and intent of Section 5 of an Act of Congress entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914.

REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on March 10, 1937, issued and served a complaint upon the respondents named in the caption, charging that on or about August 1931, respondents were, and have since been engaged in a common, understa.nding, combination, and agreement, knowingly and unlawfully, to sell, and to cause certain electromagnetic appliances to be sold, to members of the public, in the United States, for use by such purchasers in self-thempeutic treatment for the purpose of the prevention, the cure, or the relief of the user of the appliance from one or more physical ailments, diseases, or pathological conditions of body, in violation of the provisions of section 5 of said act. Answer was filed by respondent Joseph C. Bradley of No. 4 St. Clair Avenue \Vest, Toronto, Canada, on March 22, 1937, said answer being in the form of an fJpen letter addressed to the Secretary of the Commission; Attorney II. F. Fulling of Tulsa, Okla., submitted an answer dated March 22, 1937, for respondent William M. Ireland of Tulsa, Okla., and said attorney became the attorney of record for said respondent; respondent John M. Schulz filed his answer to the com· plaint, March 22, 1937; respondents Freida E. Breslin and A. R. Erbe filed no answer to the complaint herein. No appearances, either by attorney or in person were made at any of the hearings, subsequently set before a trial examiner of the Coll1111ission heretofore duly ap- JOSEPH C. BRADLEY ET AL~ 257 250 Findings Pointed, except the appearance at Buffalo, N. Y., on April 1, 1938, of respondent J olm l\f. Schulz, and the appearance of respondent Freid a E. Breslin and respondent A. R. Erbe, who appeared at the hearing held at 'Vilkes-Barre, Pa., and who were under subpoena of the I Commission. . II · Respondents having entered their appearance and filed their answers I to said complaints, hearings were had and evidence was introduced in I support of the allegations of said complaint. At the conclusion of the said hearings, on behalf of the Commission, respondents were given an opportunity to submit evidence on their behalf, but no evidence or testimony was submitted or received on behalf of any of said respondents.

Thereupon this proceeding coming on for final hearing upon the ·record, and brief of the attorney for the Commission, respondents having failed to file briefs herein, although an opportunity was given them therefor, and the Commission having duly considered the record, and being fully advised in the premises, makes this its findings as to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent Joseph C. Bradley is an individual residing at No. 4 St. Clair Avenue 'Vest, in the city of Toronto, Ontario, Canada; respondent John M. Schulz is an individual residing at No. 345 'Vest Ferry Street, in the city of Buffalo, State of New York; respondent William M. Ireland is an individual residing at the Albany Hotel, in the city of Tulsa, State of Oklahoma; respondent Frieda E. Breslin is an individual residing at No. 75 South Wells Street, Wilkes- Barre, Pa., and respondent A. R. Erbe is an individual residing at No. 509 Luzerne Avenue, in the city of 'Vest Pittston, Pa. · Respondent Joseph C. Bradley is an American citizen residing at .No.4 St. Clair Avenue West, in the city of Toronto, Ontario, Canada. lie is the owner and distributor of the Harmony Electro-Magnetic health Appliance, and does business as the Harmony-Electro Manufacturers, Toronto, Canada. His .method of doing business, in the sale and distribution of the "Harmony Electro-Magnetic Health Appliance" is to appoint agents, said agents in the United States being respondent-agent John 1\f. Schulz, located and residing at 245 West Ferry Street, Buffalo, N.Y.; respondent-agent William M. Ireland, residing at the Albany Hotel, Tulsa, Okla.; respondent-agent Frieda E. Breslin, residing at 75 South 1Vel1s Street, 1Vilkes-Barre, Pa., andrespondent-agent A. R. Erbe, residing at 509 Luzerne A venue, 1Vest Pittston, Pa. The Harmony Electro-Magnetic Health Appliance (herein- Findings 28F. T.C.

after called "Harmony Belt"), respondent Joseph C. Bradley has manu· factured for him, under contract, by respondent-agent J olm :M. Schulz, in Buffalo, N. Y. These respondent-agents. appointed by respondent Joseph C. Bradley, are authorized to sell respondent's. "Harmony Belt" within certain territory, and appoint subagents, with the knowl· edge and consent of respondent Bradley. 1Vhen sales of said "Har· mony Belt" are made to the purchasing public by respondent-agents or their subagents, the orders obtained by said respondent-agents or subagents are forwarded to respondent Bradley at Toronto, Canada, who in turn forwards said orders to respondent John M. Schulz, at Buffalo, N. Y., who manufactures the said "Harmony Belt," and after the same is completed forwards said "Harmony Belts" to the re· spondent-agent, who has forwarded the original order. The "Belts,'' after being manufactured by said respondent-agent Schulz, upon order from respondent Joseph C. Bradley, are transported from Buffalo, N. Y., or in some instances, from Toronto, Canada, to the agents ordering them, at their respective localities, in various States of the United States, to be by them delivered to their subagents, to be delivered in turn to the purchasers thereof and users of· the "Belts." Respondents, in the course and conduct of their business, in the sale and distribution of said "Harmony Belts," are in competition with other individuals, copartnerships, and corporations likewise engaged in the manufacture, sale, and distribution of electromagnetic appliances or devices sold for the treatment of various diseases affecting the physical body by electric current methods.

PAR. 2., There are numerous other individuals, firms, and corpora· tions, located in various States of the United States who are and have been engaged, respectively, some of them in the business of manu· facture and sale, and others in the business of the sale of various appliances and devices that are, and have been manufactured and sold to be operated with electric current, such as is supplied to resi· dences for ordinary house service by public service corporations, and used in therapeutic treatment for the prevention of, or the relief from physical ailments, diseases, or pathological conditions of the human body.

r AR. 3. The "Harmony Electro-Magnetic Health Appliance" as man· ufactured and distributed by respondent Joseph C. Bradley, and the respondents named in paragraph 1 above, consists of about 350 turns of what appears to be No. 20 aluminum wire, wound con· tinuously on a fiber form. This is covered with some sort of padding, all enclosed in an imitation leather covering. On the ends of the wire there is a control switch and upon the control switch there is a lamp .I JOSEPH C. BRADLEY ET AL. 259 250' Findings cord and plug 'which is used to plug into an ordinary house outlet. Before the apparatus begins to operate, it is necessary to plug into ~n ordinary alternath1g current, an ordinary house current as supplied by the public utilities. The control switch has marked on it, "Off-On," and "High-Low." The device is approximately 50 centimeters in diameter (approximately 4 inches) and has an approximate width of 10 centimeters. ·when the current is turned on and the current flowing through the wires there is a magnetic field generated Which· is stronger inside the belt, and there is also a magnetic field in the general vicinity of the wind; the magnetic field is strongest at the edge, gradually getting to the smaller value at the center and termihating as the distance increases away from the center. Another part of the said "Harmony Electro-Magnetic Health Appliai1ce," and to be used in connection with said "Appliance," is what is known as a ''test .coil." This part of respondent's appliance is al1;o circular in form and has a bulb attached to it which is used by the person using the device to tell if the magnetism is coming from the said "Harmony Belt." This "test coil" is an indicator, to the user, as to whether or not the apparatus is in operation.

· PAR. 4. Instructions for using accompany the "Harmony Belt" when sales thereof are made by respondent Bradley, and his respondentagents and subagents. The ordinary current required to operate the "Harmony Belt" is 110 volts, 25 to 60 cycles. The instructions indicate that a person using the "Belt" should be relaxed as much as possible, in a comfortable position. The "Belt'' is placed around the waist of the user for most ailments, although the "Harmony Belt" niay be used on any part of the body where there is pain or discomfort. The "Harmony Belt" is generally used three times a day, upon awaking in the morning, before dinner, and before supper. Respondent-agents and subagents paid to respondent Bradley, $6 to $9 for each of the said "Harmony Belts" manufactured and shipped to I,; them by the respondents, Bradley and Schulz. Respondent-agents I. I charged their respective subagents approximately $22 for each "Belt" i i ,,sold by the said subagents to a member of the public, and the ·agents and subagents sold the "Belts" to the members of the public and users ' Ithereof at the price of approximately $65 to $75 each. PAn. 5. On or about August 1931 1\Ir. A. R. Erbe joined with Mr. Joseph C. Bradley in selling the Harmony Belt in the United States. They worked together in preparing advertising matter and continuities for radio broadcasts telling the therapeutic value of the Harmony Belt. In the summer of 1933 Mr. A. R. Erbe knowing that respondent 'William M. Ireland had been connected with the .sale of 260 FEDERAL' TRADE COMMISSION DECISIONS Findings 28F. T. c.· a Theronoid Belt, a similar device against which the Commission had issued an order to cease and desist on April 8, 1933/ brought Mr. Joseph C. Bradley and Mr. William M. Ireland together, by cor~ respondence with them, and as a result Mr. 'William M. Ireland joined Mr. Joseph C. Bradley and Mr. A. R. Erbe in selling the Har"' mony Belt in the United States, all working together, using advertising prepared by their joint efforts in promoting the sale of the Harmony Belt. Joseph C. Bradley contracted with respondent John M. Schultz to manufacture the Harmony Belt in Buffalo, N. Y. John M. Schultz, who was also familiar with the Theronoid Belt, joined Joseph C. Bradley, A. R. Erbe, and William M. Ireland in promoting the sale of the Harmony Belt in the United States, making and shipping·g the belts from Buffalo, N. Y., to A. R. Erbe in Penn~ sylvania and William M. Ireland in Oklahoma. A. R. Erbe interested respondent Frieda E. Breslin in the venture and she operated under a separate contract with A. R. Erbe for a period, but she later became directly associated with Joseph C. Bradley and John M. Schultz in promoting the sale of and selling the Harmony Belt in the United States. Frieda E. Breslin cooperated with the other respondents herein in preparing advertising and continuities for broadcasting used jointly by all of the respondents in the promotion of the sale and sale of the Harmony Belt in the different States of the United States. The association· of these respondents as above set forth continued until about the time the complaint in this case was served on them, at which time A. R. Erbe and 'William M. Ireland ceased their operations, but Joseph C. Bradley, Frieda E. Breslin, and John M. Schultz continued their business relations as above set forth until about the time the hearings were conducted in this case. By reason of these facts the Commission finds that the respondents, Joseph C. Bradley, John M. Schultz, William M. Ireland, Frieda E. Breslin, and A. R. Erbe, are and have been engaged in a common understanding, combination, and agreement, and in furtherance thereof, the respondents solicited and caused their subagents to solicit the sale of the said Harmony Belts to members of the public in several States of the United States by means of radio broadcasts, advertisements in magazines having a general circulation in the various States, in newspapers and letters, and by means of circulars, booklets, and other printed matter, in which the respondents caused statements and representations to be made to the public concerning the use, and the effect of the use, of the Harmony Belts, and among such statements and representations are the following: ~ 17 F. T. C. 208.

JOSEPH C. BRADLEY ET. AL. 261 250 Findings "Electro Magnetism-FREE OFFER !"-"Prove Our Statements." FOR YOUR INFORMATION The Harmony Electro Magnetic Health Appliance is the easiest, most effective, safest, tested, tried and proven therapeutic agent, that has ever been intrGduced to the public.

• • • • • • • Electro Magnetism thoroughly relaxes, strengthens vitality, assists oxidation, increnses circulation, aids metabolism, stimulates the nerves, builds up the body, repelling the blood, thus stimulating circulation, dissolving the poisons, placing them in a position to be removed. Thus removing the cause of disease, the body is permitted to rebuild itself.

* * • • • • • The action ot Electro Magnetism on the blood, is that the blood resists magnetism. It is diamagnetic. This resistance produces friction. Friction produces electricity In the tissues by electrolysis. Oxygen and hydrogen are set free. Oxygen set free increases oxidation, hydrogen set free unites with chlorln, fiuorln and sulphur. This is used by the body chemistry to dissolve calcium, oxylate poisonous crystals in the blood, preparing them for elimination. • • * * • • * The Harmony Electro Magnetic Health Appliance Is operated by electricity, creating an intensified magnetic field and is placed around the patient, over the regular clothing. Thus the patient Is in a magnetic field. * • • • • • • An over amount of waste matter in the system, causes acidosis and toxicosis, in the healthy part of the body, causing diseases which are given many Latin names, congestion, inflammation, lowered resistance, low vitality, pathological tissues, germ action, atrophy, pus, neuritis, rheumatism, high blood pressure, kidney and bladder trouble and all disorders resulting from poor metabolism nnd lowered function.

* * • • * • * These troubles respond quickly and are overcome when Electro Magnetism l is used, putting new life into the body. Electro Magnetism equalizes and builds I up the circulation. !· • • • * • * • The use of Electro Magnetism has shown wonderful results in ailments such as rheumatism, stiff joints, arthritis, lumbago, neuritis, headaches, sore eyes, high blood pressure, paralysis, strokes, eczema, phlebitis, catarrh, anaemic condition, hay fever, asthma, bronchitis, indigestion, constipation, ulcers, acidosis, old age troubles, kidney and bladder trouble, and many other ailments too numerous to mention here.

In a folder entitled "Instructions," and which folder is furnished to all purchas£>rs of respondent's "Harmony Belt" by respondent Joseph C. Bradley, and his associate respondent-agents and subagents, appears the following:

Important regarding results.

Some cases respond with the first treatment, and others do not respond for months. This depends on the condition of the aliments. We have had different 262 FEDERAL TRADE COl\Il\IISSION DEC;ISIONS Findings 28 F. T. C. cases of heart troubles, arthritis, neuritis, varicose veins, pains in the body, which have responded promptly to the use of Harmony. The poisons begin to be carried away through their natural channels. If immediate results are not obtained the person using Harmony should not be discouraged. Others have been built up, and the use of Electro Magnetism cannot help but give strength and new energy, and be beneficial. Uegularity, intelligence, and per· sisteJJce must always be used.

P..rn. 6. The United States Bureau of Standards, in October 1937, made an examination of respondent's "Harmony Belt," to determine its structural features and its electrical and magnetic characteristics. It appears from said report that when the appliance was connected through suitable measuring instruments to a 110-volt, 60-cycle source of alternating current, the following values of current and power were observed :

Switch position High Low High-Low A. C. volts applied .•.•. .•. .. .••. .. .•.••. l!O 110 J!OCurrent in amperes .......................................... . 0. 64 0. 74 o. 70 Power In watts ............................................. .. 47 52 53 k~~;t el~no~~s::: ::: :~::: ::: :: ::: ::::::::::::::::::::: 17212~ 149115 157114Effective A. C. resistance In ohms .......................... .. 115 95 108D. c. res)ste.nce In ohms .................................... .. PO.O 83.3 83.1 The Bureau of Standards report shows that the heat produced by the coil under normal conditions of operation is approximately equal to that produced by an ordinary 50-watt lamp. The report further shows that the apparatus is essentially a low-frequency coreless solenoid constructed of nonmagnetic materials and producing a magnetic field of the same frequency as that of the circuit to which it is attached. The report further shows that the values of the field strengths in oersteds are given in the following table : Field strength Switch position Center Edge High ...................................................................... .. 11.3 28.1 Low ............................................................ ------------- 12.2 30.1 Low-High ................................................................. . 11.6 28.5 An oersted is defined as a unit of magnetic force, and may be con· ceived as the same thing as a gauss. One oersted is the same as one gauss, the term "gauss," in electrical parlance is described as being a unit which is one line of force per square centimeter. It appears that the word "gauss," and the word "oersted" (used in the tabulation above) are now considered by scientists to be used interchangeably. JOSEPH C. BRADLEY ET AL. 263 250 Findings PAR. 7. The Commission finds that the use of respondent's "Harmony Belt" would heat the surface of the body of a user if kept on long enough; that heating can, and does have no effect on the diseases mentioned in respondent's advertising except possibly a slight alle- \'iation, temporary alleviation of pain in the case of sciatica or lumbago; that it will have no effect on skin diseases, ulcers, tumors, stomach trouble, or rheumatism; that the effect on a user of respondent's "Harmony Belt" would be similar to the use of a hot-water bottle, simply heating the surface of a tender area and furnishing only temporary relief; that it is well known to the medical profession that alternating currents passing through a conductor set up a magnetic field surrounding these conductors, and such magnetic fields have been tested for the action on living human beings, and upon the tissues of living humans, and have been found to have no effect whatsoever; that it still is an open question, among the medical profession I'whether magnetic fields of tremendous intensity have any effect, I, either curative or noncurative; that a device that generates 12.2 l oersteds would have no effect upon a person's health; that these lower lj. magnetic fields have been tested so abundantly through the years, and Ihave been found to be without effect in the treatment of diseases. The Commission finds further, in reference to respondent's claim that the "Harmony Belt" is helpful in cases of anemia, heart trouble, and a run-down condition, that it is a serious thing to mislead the sick and thus delay real diagnosis and possible aid; that the medical prof.assion now has many reliefs for anemia and heart troubles, and run-down condition, and that said troubles may be due to a great many causes, many of them dietary; that in reference to 1·respondent's claim that poisons can be carried away through natural channels by and because of the use of the "Harmony Belt"; that respondent's "Harmony Belt" would not be effective in the removal of poisons from I the body of human beings; that poisons in the body are carried away I' by the kidneys, by the bowels, and to much minor degree by the lungs and by the skin, and that respondent's device could have no effect upon these organs that do eliminate poisons from the 1mman being; that one of the important organs for removing poisons in the body, poisons that are in the blood, is the liver, which changes them, destroys them, and that respondent's device could have no effect on this removal whatsoever; that the only truth in respondent's claims for its "Harmony Belt" is that some relief to a sufferer would be caused by heating the surface of the body, or a sore joint or a sore muscle, and that by the use of respondent's device, temporary alleviation of pain in such cases may be obtained, very much in the same manner as by the use of~ hot-water bottle.

Order 28F.T.C.

PAn. 8. The Commission further finds that the statements and representations made and caused to be made by the respondents, each and all had the capacity and tendency to deceive and mislead members of the public into the belie£ that said statements and representations were true, and in reliance upon· that belie£, into purchasing and using respondent's "Harmony Belt," and the said statements and representations were made, and caused to be made by respondents with the intent and purpose of deceiving, misleading, and injuring members of the public, and to induce the purchase by the public of respondent's "Harmony Belt'' for the substantial sums of $65 to $75 for use in self· treatment, and members of the public were deceived, misled, and inveigled thereby into purchasing the same, to their great loss in money, and in further consequence, into neglecting or delaying ob· taining competent medical advice, with the consequence that the physical ailments or diseases to which said purchasers were subject were likely, in many instances to progress from a condition, where, if competent medical science or skill, or proper appliances in psychotherapy were used, and timely applied, might avail to relieve or cure, to a condition where the affiicted persons were beyond human aid. The re· spondents, by means of the conspiracies above mentioned, and the said statements and representations set forth above, made and caused by them to be made, in the sale of "Harmony Belts," caused trade in appliances used in psychotherapy to be diverted to them from competitors.

CONCLUSION The above~ acts and things done and caused to be done by the respondents, were, and are, each and all to the prejudice of the public, and of respondents' c_ompetitors, and constitute unfair methods of competition in commerce within the meaning and intent of Section 5 of an Act of Congress entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,'' approved September 26, 1914.

ORD:tR TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Com· mission upon the complaint of the Commission, the answer of the respondents, testimony and other evidence taken before William ·w. Sheppard, an examiner of the Commission theretofore duly designated by it, in support of the allegations of said complaint, and in opposition thereto, brief filed herein by Clark Nichols, counsel for the Commission, and the Commission having made its findings as JOSEPH O. BRADLEY ET AL. 265 250 Order to the facts and its conclusion that s.aid respondents have violated the provisions of the Federal Trade Commission Act. . It is ordered, That the. respondents, Joseph C. Bradley, John M. Schulz, William M. Ireland, Frieda E. Breslin, and A. R. Erbe, acting jointly under a common understanding, combination, and agreement, or acting separately as individuals, and their representatives, agents, and employees, directly or through any corporate or other device, in connection with the manufacture, offering for sale, I sale, and distribution of an electromagnetic belt, known as the "Hartnony Electro Magnetic Health Appliance," whether sold under that name or any other name, in interstate commerce or in the District lr of Columbia, do forthwith cease and desist from representing: 1. That the Harmony Electro Magnetic Health Appliance is an Ji effective, safe, tested, tried, and proven therapeutic agent. 2. That electromagnetism thoroughly relaxes, strengthens vitality, I: assists oxidation, increases or builds up circulation, aids metabolism, stimulates the nerves, builds up the body, repels the blood, stimulates circulation, dissolves poisons in the system, sets oxygen and hydrogen free.

3. That the use of said electromagnetic belt will remove acidosis or toxicosis from the system, or in any manner aid metabolism in the body, or will put new life in the body. 4. That the use of said electromagnetic belt, identical with or similar to the Harmony Electro :Magnetic Health Appliance, has any therapeutic value in treating rheumatism, stiff joints, arthritis, lumbago, neuritis, headaches, sore eyes, high blood pressure, paralysis, strokes, eczema, phlebitis, catarrh, anemic condition, high fever, asthma, bronchitis, indigestion, constipation, ulcers, acidosis, oldage troubles, kidney and bladder trouble, or any other ailment of the human body.

5. That the magnetic field created by the operation of an electro- Imagnetic belt has any effect whatever on the iron in the blood of the human body. 6. That the use of an electromagnetic belt identical with or similar l I to the "Harmony Belt" is any aid whatever in removing poisons from the body, by assisting the kidneys and bowels in performing their J'l normal functions.

It ia further ordered, That the respondents shall, within 60 dn.ys after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

266 FEDERAL TRADE COMMISSION. DECISIONS Syllabus 28F.T.C.