Home Diathermy Company, Inc.

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IN THE MATTER OF HOME DIATHERMY COMPANY, INC.

MODIFIED CEASE AND DESIST ORDER Docket 3653. Order, Jan. 18, 194) Order modifying prior order to cease and desist, made as of November 20, 1940, 31 F. T. C. 1407-and which required respondent corporation, its officers, etc., in connection with offer, etc., of their "Home Diathermy" device, or other substantially similar device, to cease and desist from disseminating or causing to be disseminated, as there set forth, advertisements which represent that such device may be easily and safely used in the home, or that use thereof constitutes a cure or remedy for various ailments and conditions specified or has any therapeutic value in the treatment of any other aliment, unless limited as in said order specified, or which advertisements fail to reveal that unsupervised use thereof by those not skilled in diagnosis, analysis and methods of treatment of disease may result in serious aud irreparable injury to· health-by prohibiting dissemination, etc., of such advertisements which, in addition to representations otherwise prohibited as above set forth, !ail to "conspicuously reveal that the device may be safely used only after a competent medical authority has determined, as a result ot diagnosis, that diathermy is indicated and has prescribed the frequency and amount of application of such diathermy treatments and the user has been adequately instructed in the method of operating such device by a trained technician."

Before Mr. John P. Bra:mhall and Mr. Arthwr F. Thomas, trial examiners.

Mr. R. A.llfcOuat for the Commission.

Mr. Saul L.llarris, of Brooklyn, N.Y., for respondent. ORDER Modifying ORDER TO CEASE AND Desist This proceeding having been heard by the Federal Tr~de Commission upon the complaint of the Commission, the answer of the respondent, testimony and other evidence taken before John P. Bramhall and Arthur F. Thomas, examiners of the Commission theretofore duly designated by it, in support of the allege.tions of said complaint and in opposition thereto, briefs filed herein and oral arguments by R. A. McOuat, counsel for the Commission, and by Saul L. Harris, counsel for the respondent, and the Commission, on November 20, 1940, having made and issued its findings as to the facts and its conclusion that the respondent had violated the provisions of the Federal Trade Commission Act, and having made and issued its order to cease and desist herein on the same date, and it now appearing that such order to cease and desist should be modified in certain respects, and the Commission HOME DIATHERMY CO., INC. 451 450 Order having now duly considered the matter and being now fully advised in the premises.

· It is orrdered, That the order to cease and desist issued hurein on November 20, 1940, be, and the same hereby is, modified so that as modified such order to cease and desist shall read: It; iY ordered, That the respondent, Home Diathermy Co., Inc., a corporation, its officers, representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of a certain device designated as "Home Diathermy" whether of the long wave or short. wave type, or any other device of substantially similar constru<>tion or p(lssessing substantially similar qualities, whether sold under that name or any other name or names, do forthwith cease and desist from directly or indirectly :

1. Disseminating or causing to be disseminated any advertisement by means of the United States mails, or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents, directly or through inference that said device may be easily and safely used in the home, or that the use of said device constitutes a cure or remedy for arthritis, neuritis, bursitis, sciatica, neuralgia, lumbago, hay fever, asthma, high or low blood pressure, or rheumatism or that said device has any therapeutic value in the treatment of any of such diseases and conditions, or has any therapeutic value in the treatment of any other ailment unless such advertisement is specifically limited to those cases of such disorders and ailments where acute inflammation, infection, pus formations, arteriosclerosis, or conditions in which there is a tendency to hemorrhage are not present; or which advertisement fails to conspicuously reveal that the device may be safely used only after a competent medical authority has determined, as a result of diagnosis, that diathermy is indicated and has prescribed the frequency and amount of application of such diathermy treatments and the user has been adequately instructed in the method of operating such device by a trained technician. 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce, as "commerce" is defined in the Federal Trade Commission Act, of·said device, which advertisement contains nny of the representations prohibited in paragraph 1 hereof; or which advertisement fails to conspicuously reveal that the device may be safely used only after a competent medlcal authority has determined, as a result of diagnosis, that diathermy is indicated and has prescribed the frequency and amount of application of such diathermy treatments and the user has been adequately Order 32F.T.C.

instructed in the method of operating such device by a trained technician.

It i8fU1'ther ordered, That the respondent shall, within 10 days after service upon it of this order, file with the Commission an interim report in writing stating whether it intends to comply with this order, and, if so, the manner and form in which it intends to comply, and that within 60 days after the service upon it o:f this order said respondent shall file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order. McAFEE CANDY CO., ETC. 453 Syllabus