Cora Lee Wiley

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. IN THE MATI'ER OF CORA LEE WILEY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO TH~ ALLEGED VIOLATION OF SEC. IS OF AN ACT OF CONGRESS APPROVEO SEPT, ~6, 1~14 Docket·4~19. Complaint, D'ec. 16, 19W.:._Decision,'Nov. 2, 19~2 Where an individual, engaged in interstate s~le and distribution of ber "SNL'' (Surfer No Longer) medicinal preparation; by mealls·o~ advertisements I.Jl. newspapers and "other advertising literature, directly or. by implication-- Represented that her said preparation was a cure or remedy for various diseases hnd disorders of the female organs, includipg gonorrhea, and constituted a competent and e:f!ectlve treatment therefor; When in fact it had not therapeutic value in the treatment of aforesaid conditions or of gonorrhea; it being made up of an indiscriminate combination of drugs which in the proportions used and method of use had no basis in medical science; · With capacity and tendency of misleading and deceiving a substantial portton ot the purchasing public into the mistaken belief that such statements were true, thereby inducing its purchase of said preparation. Held, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public, and constituted unfair and decep· tive acts and practices in commerce.

Before Mr. Arthur F. Thomas, trial examiner. Mr. William L. Taggart for the Corrnnission. Col\IPLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Cora Lee Wiley, an individual, hereinafter referred to as respondent, has violated the, provisions of the said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in "the public intere~t, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondent, Cora Lee "Wiley, is an individual, with her principal) place of business at R. F. D. No. 2, Adel, Ga., frolll which address she transacts said business.

PAR. 2. The respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution of a certain medicinal preparation designated as SNL (Suffer No Longer). In the course and conduct of her business, the respondent causes said medici~al preparation when sold, to be transported from her place CORA LEE WILEY 665 664 Complaint of business in the State o£ Georgia to purchasers thereof located in other States of the United States imd in the District of Columbia. Respondent maintains and at all times mentioned herein has main- . tained, a course of trade in said medicinal preparation, sold and distributed by her in commerce, between and among the various States of ihe United States and in the District of Columbia. P A.R. 3. In the course and conduct o£ her aforesaid business, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination o£, false advertisements concerning her said product by the United States mails and by various other :means in commerce, as commerce is defined in the Federal Trade Com- :rnission Act; and respondent has also disseminated and is now dis- ~e:rninating, and has caused and is now causing the dissemination o£, false advertisements concerning her said product, by various means, for the purpose o£ inducing, and which are likely to induce, directly or indirectly, the purpose o£ her said product in commerce, as com- Inerce is defined in the Federal Trade Commission Act. · Among and typical o£ the false, misleading, and deceptive statements ana representations contained in said false advertisements, disseminated and caused to be disseminated as hereinabove set forth, by the Dnited States mails and by advertisements in newspapers and other advertising literature, are the following:

In expensive Guaranteed fem~le tro~ble treatment. 2:3c, .50c and $1.00 sizes. F'ree Literature.

LADIES SNL Treatment, For Female Troublt; is absorbed directly by sore congested organs. Relief Over Night. Complete relief guaranteed • • •. SNL (Suffer No Longer) is a hope come true for female tr~uble sulrerers. I have never known It to fail one woman yet, no matter how bad the condition. Fact is, poisons generated into the system from infected female organs cause lDost all of women's ailments. In trying to do something for myself, I found the very thing that can and will relieve all such sufrering. I have an abundance Of positive proof that SNL can and does relieve all such s,ufrering, Its action is QUick and thorough. Use SNL until you are feeling well, then discontinue. Three to seven treatments will relieve you entirely. No matter how bad your condition, don't despair. SNL is unconditionally guaranteed. Body heat and SNL form a fume that starts penetrating the congested organs at once. SNL is very powerful yet mild enough to put Into the sorest tenderest ear, '---- • • • the life wrecking tortures and consequences of gonorrhea have been completely relieved by SNL. , "' "' • SNL (Suffer No Longer) treatments have never failed one female trouble sufrerer yet. · -PAR. 4. By the use of the representations hereinabove set forth and other representations similar thereto not specifically set forth herein, the respondent represents and has represented, directly and by implication, that her medicinal preparation designated as SNL (Suffer 666 FEDERAL TRADE 1 co!<.riJrss'ION DECISIONS Findings· 35 F. T. c.

No Longe~) is a ~ure or remedy for various diseases. and. disorders of the female organs, including· gonorrhe·a, and cortstitutes a competent and effective treatment for such diseases and conditions. · PAR. 5. The respondent's foregoing- representations are grossly ex~. aggerated, false, and misleading.. In truth and in fact respondent's preparation is not a cure or remedy for various diseases and disorders of the fe~ale organs arid has no the~apeutic value in the treatment of any of such diseases and condition~. It has no value in the treat~ ment of gonorrhea. Re~ondent's preparation is made up of an indiscriminate combination of drugs which in the proportions _used and method of use has no basis in medical science. _ PAR. 6. The use by the respondent of the foregoing false, deceptivet and misleading statements and representations with respect to her preparation, disseminated as aforesaid, has had and now has, the capacity and tendency to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements,· representations, and adversisements are true, and induce a portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent's medicinal· preparation.

PAR. 7. The foregoing acts and practices of the respondent, as herein alleged, are all to the prejudice and injury of the public a~d constitute unfair and deceptive acts and practices in commerce within .· the intent and meaning of the Federal Trade Commission Act. \ REPORT, FINi>INGs AS TO TIIE F Acts, AND ORDER Pursuant to the provisions of ·the Federal Trade Commission Act, the Federal Trade Commission, on December 16, 1940, issued, and on December 19, 1940, served, its complaint in this proceeding upon respondent, Cora Lee 'Wiley, an individual, charging her with the use of unfair and deceptive acts and practices in commerce in vio· lation of the provisions of said act. After the issuance and service of said complaint and after other proceedings herein, th~ Commission by or~er entered granted respondent's request to file answer out of time and on September 22, 1942, answer was filed by respondent admitting all the material allegations of fact set' forth in said coJU~ plaint and waiving all intervening procedure and further hearing' as to said facts as well as trial examiner's report upon the evidence and briefs in support of and in opp9sition to the. allegations of the complaint. Thereafter, this proceeding regularly came on for final hearing before the Commission on the said complaint and answer. and the Commission\ having duly considered the matter,. and bei~g :CORA LE:E WILEY 667 664 Findings now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and conclusion drawn therefrom:

. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, Cora Lee. 'Viley, is an individual, with her principal place of business at R. F. D. No. 2, Adel, Ga., from Which address she transacts said business.

PAR 2. The respondent is now, and for more than 3 years last Past has been, engaged in the sale and distribution of a certain lhedicinal preparation designated as SNL (Suffer No Longer). · In the course and conduct of her business, the respondent causes said medicinal preparation when sold, to be transported from her place of business in the State of Georgia to purchasers thereof located in other States of the United States and in the District of Columbia. · Respondent maintains and at all times mentioned herein has maintained, a cour~e of trade in said medicinal preparation, sold and distributed by her in commerce, between and among the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of her aforesaid l;msiness, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning her said product by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning her said Product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of her .said Product in commerce, as commerce is defined in the Federal Trade Commission Act.

Among and typical of the false, misleading, and deceptive state- ~ents and representations contained in said false advertisements, disseminated and caused to be disseminated as hereinabove set forth, by the United States mails and by advertisements in newspapers and . other advertising literature, are the following: li' Inexpensive Guaranteed female trouble treatment. 25¢, 50¢ and. $1.00 sizes. ree Literature.

LADIES SNL Treatment For Female Trouble ls absorbed directly by sore congested organs. Relief Over Night. Complete relief guaranteed • · • "'· SNL (Suffer No Longer)· Is a hope come ·true for· female trouble sufl'erers. 1 t have never known It to fail one woman yet, no matter how bad the condllon. Fact is, poisons genel·ate<i Into the system from infected female organs ~cause most all of women's aliments. In trying to do something for myself, _found the very thing that can and will relieve all such sufl'erlng. I have Conclusion 35F. T.C.

an abundance or positive proot that SNL can and does relieve all such suffer· ing. Its action is quick and thorough. Use SNL until you are feeling well. then discontinue, Three to seven treatments will relieve you entirely: No matter how bad your condition, don't .despair. .SNL is unconditionally guaranteed. ' Body heat and SNL form a fume that starts pen~trating·the congested organs at o~ce. .SNL is very powerful yet mild enough to put into the sorest tenderest ear.

• • · • the life wrecking tortures and consequences of gonorrhea have been completely relieved by SNL.

• • • SNL (Suffer No Longer) treatments have never failed one female trouble sufferer yet.

PAR. 4. By the use of the representations hereinabove set forth and other 'representations similar thereto ·not specifically set forth herein, the respondent represents and has represented, directly and by implication, that her medicinal preparation designated as SNL (Suffer No Longer) is a cure or remedy for various diseases and disorders of the female organs, including gonorrhea, and· constitutes a competent and effective treatment for such diseases and conditions. PAn. 5. The respondent's foregoing representations are grossly exaggerated, false, and misleading. In truth and in fact respondent's preparation is not a cure or remedy for various diseases and dis· orders of the female organs and has no therapeutic value in the treatment of any of such diseases and conditions. It has no value in the treatment of gonorrhea. · Respondent's preparation is made up of an indiscriminate combination of drugs which in the propor· tions used and meth<;~d of use has no basis in medical science. PAR. 6. The use by the respondent of the· foregoing false, decep' tive, and misleading statements and representations with respect to her preparation, disseminated as aforesaid, has had and now has, the capacity and tendency to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements, representations, and advertisements ar~ true, and induce a portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent's medicinal preparation.

CONCLUSION The afor:esaid acts and practices of the respondent, as herein found, are all to the prejudice and injury of the public, and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. CORA LE:E WILEY 669 Order ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission on the complaint· of the Commission and the answer of the respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint and states that she waives aU intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that said resporident has violated the provisions of the Federal Trade Commission Act:

It is ordered, That the respondent, Cora Lee 'Viley, an individual~ and her representatives, agents and employees, directly or through nny corporate or other device, in connect,ion with the offering for sal£•, sale, or distribution of respondent's medicinal preparation designated as SNL (Suffer No Longer), or any other preparation of substantially similar composition or possessing substantially similar lJroperties, whether sokl under the same name or under any other llame, do forth with cease nnd desist from directly or indirectly: 1. Disseminating or causing to be disseminated any advertisement (a) by means of the Unitetl States mails, or (b) by any means in commerce, ns "commerce" is defined in the Federal Trade Commissian Act, which advertisement represents, directly or by implication, that said preparation constitutes a cure or remedy for, or possesses nny therapeutic value in the treatment of, gonorrhea or any Jiseasc (It disorder of the female organs.

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 preparation, Which advertisement contains any of the representations prohibited in paragraph 1 hereof.

It is further ordered, That the respondent shall, within (iQ days after service upon her of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which she has complied with this order.

'------ 509749m-43-vol. 35-- 4!i Syllabus 35F.1'.0. IN 'lhe l\IA'ITER OF ELEcrno-HEALTII APPUANCE Company COMPLAINT, FINDINGS, .AND ORDER IN REGARD TO THE .ALLEGED VIOLATIOI'I OF SEC. 5 OF AN ACT OF CONGRESS .APPROVED SEPT. 26, 1914 'Docket 1,501. Complaint, May 13, 19-U-Decision, Nov. 2, 191,2 Where a corporation, engaged in the rental and sale and distribution of i!S "Electro-Health Short Wave Diathermy" device for home use; by means o! advertisements in local daily papers and by local radio broaucasts, which. respectively, circulated and were heard in other States, and by advertising folders and other material mailed to prospective purchasprs therein- d (a) Represented that Its said device might be used safely by the unsk!lle lay public in the tt·eatment of self-diagnosed diseases and ailments bY Individual self-application In the home without professional supervis!OJJ; (b) Represented that it was a safe, harmless, and effective mealls for the trent: ment of rheumatism In various foi'II~S In all parts of the body, and for arthritis, sinus, hay fever, colds, neuritis, kidney troubles, prostatitis, astJuua. high blood pressure, sciatica, lumbago, poor circulation, pneumonia, Jiver complaints, Insomnia, and numerous other acute and chronic diseases and conditions; and that ·Its use would have no ill elfects; The facts being that use thereof by the unskilled lay public, under prescribed or customary cu~dltions, does not constitute a competent treatment for any of the diseases or conditions claimed, or for any in which an acute InflaDl; matory process Is present; the device Is not a safe or harmless means 0 treating self-diagnosed diseases or ailments, but, when improperly used Inay result in serious bul'Ds or other Injuries, and, \n certain ·conditions, uUIY Increase congestion, aggravate Inflammation, and spread Infection, or induce hemorrhage; may ,lead to ulceration and gangrene and necessitate aroputn· tion, and delay diagnosis and proper treatment of underlying diseases, with serious or even fatal consequences, diathermy not being safe without. ding; nosis by competent medical authority and prescription by such author'ltY 0 method, frequency, and rate of application, and user's thorough Instruction. by a physician or trained technician In tlle use of the device; and (c) Failed to reveal facts material in the light of the representations tuerelu made and consequences which might result from the use of the device under' prescribed or usual conditions; and that it might be used safely only aft.er competent medical authority had determined, as noted above, that diat!JeflllY was indicated, and prescribed method, rate, and frequency of applicutioll and user had received adequate instruction in use of the de·llce; f With tendency and Cflpacity of misll.'atling and deceiving a ~ubstantlal portion °1 the purchasing public into the mistaken belief that said device possesset therapeutic values which It did not nnd that It might be used hy the Jay P1111' lie with safety, thereby Inducing purchas~ of the device by such public 11ecause of such belief:

Held, That such acts and practices, under the circumstances set forth, were all t~ the prejudice of the public, and constituted unfair and deerptlve acts 110 practices in commerce.

ELECTRO-HEALTH APPLIAN.CID CO. 671 670 . Complaint Before Mr. Miles J. Furnas,' trial examiner. Mr. R. A. McOuat, Mr. James I. Rooney, and Mr. William M. King for the Commission. · Complaint Purs~ant to the provisions of the Federal Trade Commission Act, nnd by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Electro-Health ApJ pliance Co., a corporation, hereinafter referred to as respondent, has '\7iolated tM provisions of 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. fu&n: · . PARAGUAPII 1. Respondent, Electro-Health Appliance Co,, is a cor- Poration, organizeq, existing, and doing business under and by virtue· of the law of the State of California and having its office and principal Place of business at 2709% West Seventh Street, Los Angeles,• Calif. PAR. 2. The respondent is now and has been for more than 2 years last past engaged in the business of selling and renting a device intended for use in the treatment of various diseases and conditions of lhe human body, such device being designated as "Electro-Health Short Wave Diathermy." Respondent· sells and rents said device to tnembers of the public situated in various States of the United States and in the District of Columbia, and causes said device when sold or rented by it, to be transported from its aforesaid place of business in the State of California to the purchasers or lessees thereof at their respective points of location in various other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said device in commerce between and among the various States of the United States a.nd in the District of Columbia. . PAR. 3. In the course and conduct of its aforesaid business respondlnt has disseminated and is now disseminating and has caused aml is now causing the dissemination of false advertisements concerning its said device by the United States mails and by various other means in commerce, a~ commerce is defined by the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false· advertisements concerning its device, by. various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the Purcl1ase of its said device in commerce, as commerce is defined in the Federa.l Tratle Commission Act. · Complaint 35F. T. C.

Among and typical of the false, misleading, and deceptive state· ments are representations contained in said false advertisements, dis· seminated and caused to be disseminat~d, as hereinabove set forth, by United States mails, by advertisements in newspapers and other ad· vertising literature, and by radio continuities, are the following: In newspaper advertisements: · THE MAGIC OF RADIO Short Wave Diathermy for Home Treatment of At·thritis, Si_nus, Asthma, Prostate, Neuritis, Poor Circulation, Bronchitis, Kidneys and many other ailments. In a booklet entitled "Care of the Docly with the Aiel of Electro· Health Short \Vave Diathermy":

ELECTRO-HEALTH SHORT WAVE DIATIIElUIY OI•'FERS Hope for Sufferers from Acute and Chronic Agonizing Diseases •· • • - It has proved especially effective in the relief of suffering from inflammatory pains, such as arthritis, neuritis, neuralgia, rheumatism, l~mbago, sciatica, gout, sinus, etc, And its results when properly used in respiratory troubles, such as bronchitis, asthma, hay fever, etc., are little less than t·emarkable. • • •. HO:\IE SHORT WAVE TREATMENTS ENTillELY SAFE. The Electro-Health Rlwrt Wave D'athermy is sumciPntly limit£~11 in power as to be safe to use In the home and yet have suflicient deep heating effect to obtain ben~ficial results. The Radio 'Vnve length is definitely set, and is your assurance that it will have quick enough srensory effect 011 the outer Iayen! of thp- skin to protect the interior tissues from harm or ovet·heating. 1\Iany specialists in the Electro-Thernpy field believe that the high frequency em-rents have other beneficial ref'nlts-but in considering it for yom· own use you can safely assume that It ls no mot·e harmful than any other variety of beat treatments. • • • , TREATMENTS AT HO:\lE BENEFICIAL.

The triatments you can give to ~'ourself with an Eelectro-IIealth Sbot•t wave Diathermy usually produces the same heat effects like the professional instru· ment in the practitioners office, and it is available when your ailment starts, Its immediate application may prevent further progress of disease. • • . • All representatives of the Electro-Ilealth Short Wave Diathermy equiptnrnt are experienced, and able to be of great assistance to us~rs in advice n1Hl suf:· gestlons for the best results. • • • • Many men of f_forty feel old. Often the cause Is prostate. trouble.- • : • Prostate trouble usually responds readily to this form of treatment. • Painful 1\Ienses-and other inflammatory complaints of the Vaginal at·ea usually .respond to Radio Short Wave Therapy • • •. The relief to sinus sufferers by Short Waw Diathermy Is unparalleled bY any ()ther method.

Head colds, toothache, earache, tonsilitis and other head conditions usually respond to Short Wave. treatments.

Short Wave Diathermy Is a Home Necessity • • • ' • • • It's fz·equent use by each member of the family is very inexpensive assurance in building up resistance to Infectious conditions • •· • ~ • • Short Wave Diathermy has an analgesic fffect, in addition to otner beneficial results, and it Is entitled to your fullest confidence. ELECTRO-HEALTH Appliance CO. 673 670 Complaint • • • The u!:les of Short Wave Diathermy are varied and multiform. It Should always be ttied wht>re benefit way be det·iveu from it. * • • it's improvement (chronic arthritis) by diathermy has taken place so Often that It should be given a trial in practically all cases of this disease. • • • Users have reported favorable results from this method in the treat~ . lllent of: Abcesses, ARthma, Bronchitis, Chilbuins, Female Dis_orders, High Blood Press~re, Kidney ·Troubles, Lumbago, Neuraigia, Pneumonia, Peritonitis, Pleurisy, Sciatica, Sprains, Singers Tbt·oat, Aultesions, Ears, Foot Ailments, Hay Fever, Arthritis, Boils, Common Colds, Furuncle, Gastritis, Insomnia, Liver Com- Plaints, Laryngitis, Neuritis, Pelvic Disor<lPrs, Prostate, Rheumatism, Sinus, Ton- Sils, Sore Throat, Respiratory Difficulties, Menstrua·! Pains, Colonic Disorders. In general it may safely be assumed that relief may be expected from the application of beat to many of the inflammatory ailments to which man is their, and "Radio Short Wave" (Diathermy) is outstanding in this fl~ld of Physiotherapy.

By radio broadcast: - Today, science ls employing radio waves-€xtremely short waves-to generate heat deep within the tissues. Heat to ease the pain, beat to increase the circulation of bloc,'<! in the inflamed area., heat to help the blood carry oft' the Poisons of infection, heat to overcome these deep seated lnflumi:nations and d(} away with sot·eness and swelling. This comparatively new invention-F.lectrollealth Short Wave Diathermy-has given the me<liaal world a new kind of therapy and· a most effective treatment fur a great many common Ills and discomforts. And this is impmtant: THIS N:BW SHOUT WAVE DIATIIER:\IY TUEAT.M~T HAS ~EEN :MEDICALLY APPROVED AND ADOPTED GE~­ ERALLY THROUGHOUT THE WOTILD! Of equal importance Is this fact: BIP('tt·o-Tiealth Apr,lianee Company, 270!) \V. 7th, hal-l perf"ctt>d u Rafe !<hort-wave diathermy unit for home use. It's so simple that anyone cnn u~e it, without lltofessional supervision. This perfpctetl Electro-Health Short \Vave Diathermy Unit is n virtual necessity for every borne---a guod health necessity that will bring a million dollars worth of relief anti corufot·t to suffer'et·s from common colds, sinus trouble, rheumatism, ear ache, bay fever and a hundred other similar complaints.

If you've ever suffered the discomfort of a cmnmon cold, flora throat, sinus trouble, or any one of a huu<lred or more common ailments, you'll be interested ' In this. Science has harnessed radio short waves to relieve and protect against these common conditlonR • * • and the Elt'ctro-llealth Applbmct) Company has perfected a short wave unit so safe and simple in operation, 1t can be used In the home without medical supervision. Here's the way It wo~ks: The Electrollealth Shore ·wave Diathermy machine bas two electrodes or pads which ar·e applied to opposite sides of the bady wherever the trouble is located. When the switch is turned on bigh frequency radio waves flow from one electrode tight through the body tissues to be received by the opposite electrode. The Short waves creme> heat deep within the ti!'sues, soothing- any pain and at the sante time bthuulatlng the cit·culatlon flf blood In that particular area. This friendly fever, geuerated by sllort radio waves, directs add reinforces the body healing powers. Electro-Health Short Wave diathel·my for the borne Is safe, Sirnple and amazingly inexpensive.

PAR. 4. By the u~e of the representations hereinabove set forth and other representations similar thereto not speci.fica~ly sr1t . out Complaint 35F. T. C.

herein, respondent has represented that its device o~ apparatus, ad· vertised as Electro-Health Short 'Vave Diathermy, may safely ~e used by the unskilled lay public in the treatment of self:diagnosed diseases and ailments of the human body by individual self-application in the home without professional supervision; that said device is a sci en· tific, safe, harmless and effective means and method for the treatment of the following diseases and pathologic conditions; rheumatism in its various forms in all parts of the body, arthritis, sinus, hay fever, colds, laryngitis, bronchitis, respiratory troubles, neuritis, kidney troubles, prostatitis, asthma, high blood pressure, sciatica, lumbago, poor circulation, pneumonia, liver complaints, insomnia, abscesses, gout, gastritis, pleurisy, constipation, colonic disorders, sprains, bruises and muscle soreness, chilbains and other foot ailments, · bladder trouble, menstrual pains, female disorders, peritonitis, sing~rs throat, adhesions, boils, furuncles, pelvic inflammations, neuralgia, tonsilitis, head colds, earache and toothache, and other acute and chronic diseases and conditions; that the use of said device will have no ill effects upon the user. · · PAn. 5. The foregoing representations are grossly exaggerated, false and misleading. . . Respondent's device is composed of a high frequency generator in fL <:cabinet; the_ power to the circuit is furnished by a transformer and the output is inductively coupled and tuned with a variable con· denser; and the power is transmitted to the user by two insulated rubber conductor pads covered with felt. . The application to the patient is made by placing the electrodes lU such position that a heat-generating electric current will pass between the electrodes through the affected area, thus inducing heat in the tissues of the area to which applied.

The individual self-application of said device by the unskilled ~emd hers of the public in the home, either under the co~ditions prescnbc in said advertisements or under such conditions as are customary or usual, will not accomplish the results claimed by the respondent and is not a scientific, safe,· harmless, or effective means or method to ?a used in the treatment of the ailments or conditions referred to lll paragraph 4 herein or any other self-diagnosed diseases or ailments of the human body. Prerequisites of the safe and effective use _of such device are (1} complete history and physical examination of the user to determine his physical condition, (2) competent diagnosis of the user's condition and the effects of the application of heat to the user, (3) definite conception of the underlying patho~ogy, ( 4} administra· tion by a skilled technician, ( 5) adequate safeguarding against injury or harm by the device, such as the prevention of burns and injury to ELECTRO-HEALTH APPLIANCE· ·CO. 675 670 Complaint the tissues, ( 6) definite control of the frequency and extent of aCJministration.

· There are many diseases and conditions, and certain stages of other qiseases and conditions, in which diathermy is contra-indicated, and in which its use will aggravate the disease or condition and be injurious to health.

· By way of illustration, but not to the exclusion of other instances <lf injurious results, the indiscriminate use of said device may result in further swelling of inflamed tissues, thereby increasing the congestion of the inflamed part and the spreading of the inflammation to adjacent tissues, and allowing the absorption of. toxin, when pres- ~nt, in conditions of acute inflammation oi: the nerves, such as neuritis, in acute inflammation of the muscles, such as lumbago, in acute inflammation of the joints, such as acute inflammatory arthritis, and in ~rheumatic pains. .• . The application of diathermy in conditions of acute sinus trouble lllay result in further increasing congestion of the mucous membrane _<lf the sinuses, nose, and throat, causing increased absorption of bacterial toxins.

Diathermy, when applied in the treatment of severe pains in the ~~tremities in the presence of advanced blood-vessel changes in the legs or arms, may cause serious burns and may lead to gangerine and necessitate amputation of the legs or arms.

Application of diathermy to areas affected by malignant tumors may result in the stimulation of the growth of cancer.c;ms cells or in spreading the trouble to other tissues.

In those areas of the skin where the sense of heat has been lost due ,to injury or impairment of the peripheral nerves, the application of said device may result in tissue destruction and severe burns. PAR. 6. The advertisements disseminated by respondent as afore- .said are also false in that they fail to reveal facts material in the light <lf the representations contained therein, or material with respect to consequences which may result from the use of said device, under the ~ondition prescribed in said advertisements or under such conditiona as are customary or usual, and fail to reveal that the use of said device may result in serious and irreparable injury to health. Said advertisements are further false in that they also fail to conspicuously reveal that the device· may be safely used only after acompetent medical authority had 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 by a trained technician in the method o.f operating such device.

Findings . 35F. T.C. PAR. 7. The use by the respondm}t of the foregoing false, deceptive, and misleading representations and advertisements with respect to its device, disseminated as aforesaid, has had and now has the capacity and tendency, to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such representations and advertisements are true, and to induce, be· cause of such erroneous and mistaken belief, the purchase of the respondent's device.

r AR. 8. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and consti· tute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO 'I"HE Facts, AND Onder Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on May 13, 1941, issued and subse· quently served its complaint in this proceeding upon respondent, Electro-Health Appliance Co., a corporation, charging it with unfair and deceptive acts and practices iri commerce in violation of the pro· visions of said act. After the issuance of said complaint (respondent not having filed any answer thereto), testimony and other evidence in support of the allegations of said complaint were introduced before an examiner of the Commission theretofore duly designated by it, and said testimony and other evidence were duly recorded and filed in the cffice ofthe Commission. Thereafter, the proceeding re.gularly came on for final hearing before the Commission on the said com· plaint, testimony and other evidence, report of the trial examiner, and brief in support of the complaint (respondent not having filed brief and oral argumen~ not having been requested); and the Commission, having duly considered the ntatter and being now fully advised ill the premises, finds that this proceeding is in the ~nterest of the public and makes this its findings as to the· facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, Electro-Health Appliance Co., is a corporation, organized and existing tinder and by virtue of the laws of the State of California, formerly having its office and principal place of business at 270D¥2 "\Vest Seventh Street, Los Angeles,· Calif. For more than 1 year in1mediately preceding February 1941 it was engaged in the rental and in the sale and distribution of an electrical device or apparatus designated as "Electro-Health Short "\Vave Diathermy." ELECTRO-HEALTH APPLIANCE ·CO. 677 670 Findings P.AR. 2. Respondent's device or apparatus was offered for rental and for sale to members of the public for use in giving self-administered applic:ttions of short-wave diathermy in their homes.' It is essentially a portable cabinet approxima.tely 15 inches high, 14 inches wide, and 9% inches deep, which contains a transformer with tubes I . and electrical circuits for the generation of electrical short waves which are transmitted to the user by means of two insulated electrodes. · The elec:trical ener:,,ry necessary for the operation of this device is secure(~ by attaching it to the usual domestic electrical circuits ·available in the user's home, and it has a power output of from 75 to 125 watts. 'Vhen the electrodes are applied to tlie user's body and the device or apparatus put iii operation, the passage of electrical short waves between the electrodes creates heat within the body tissues of the user because of their resistance to the passage of such electrical currents. PAR. 3. In the course and conduct of the aforesaid business, respondent has cause advertisements to be inserted in the "Evening Herald and Express" and the "Los Angeles Examiner," daily newspapers published in Los Angeles, Calif., and having circulation i;n States other than California; has caused advertising continuities to he broadcast over radio station KFVD in Los Angeles, Calif., which broadcasts reach and may be received by radio receiving sets located in States other than Califor~ia; and has caused copies of its various advertising folders and other material to be mailed to prospective })urchasers in States other than California. Respondent, by means of the United States mails and by other means in commerce, as "comlllerce" is defined in the Federal Trade Commission Act, has thus disseminated and has caused the dissemination of false advertisements concerning its "Electro-Health Short ·wave Diathermy" device or apparatus; and respondent, by various means, has also disseminated · and has caused the .dissemination of false advertisements for the purt>o~e of inducing, and which are likely to induce, directly or indirectly,, ~he purchase of said devise or apparatus in commerce, as "commerce" Is defined in the Federal Trade Commission Act. Among and typical of the false, misleading, and deceptive statelllents and representations contained in said false advertisements disseminated and cause to be disseminated, as 'aforesaid, are the following: .· In newspaper advertisements: · THE MAGIC OF RADIO Short Wave Diathermy for Home Treatment' of Arthritis, Sinus, Asthma, Prostate, Neuritis, Poor Circulation, Bronchitis, Kidneys, and ma~y other alltnents.

Findings 35F.T.C· In a booklet furnished to those who answer respondent's advertise· ments and which is entitled "Care of the Body with the Aid of Electro· Health Short Wave Diathermy":

Electro-Heaith Short Wave Diathermy OFFERS Hope for Sufferers from Acute and Chronic Agonizing Diseases • • • • • • • • It has proved e~peclally effective; in the relief of suffering from inflammatory pains such as arthritis, neuritis, neuralgia, rheumatism, lumbago, sclatlcll. gout, sinus, etc. And its results when properly used in respiratory troubles, such as bronchitis, asthma, hay fever, etc., are little less than remarkable. HOME SHORT WAVE TREATMENTS ENTIRELY SAFE The Electro-Health Short Wave Diathermy is sufficiently limited In power as to be safe to use In the home and yet have sufficient deep heating effect to obtain beneficial results. The Radio Wave length is definitely set, and IS your assurance that it will have quick enough sensory effect on the outer layers· of the skin to protect the lnterio.,r tissues from harm or ovet·heating. 1\IANY specialists in the Electro-1-'herapy field believe that the l1lgb frequency currents have other beneficial results-but in considering it for your own use you can safely assume that It Is no more harmful than any other variety of bC:J.t treatments. . • · TREATMENT AT HOME BENEFICIAL The treatments you can give to yourself with an Electro-Health Short wave Diathermy usually produces the same heat effects like the professional lnstr~­ ment in the practitioners office, and it i!l avallable when your ailment starts, Its Immediate application may prevent further progress of the disease. • • • • • • • All representatives of the Electro-Health Short Wave Diathermy· equipment are experienced, and able to be of great assistance to users in advice and suggestions for the best results.

• • • • • • • l\Iany men of'forty feel old. Often the cause is. prostate trouble. • • • Prostate trouble usually responds readily to this form of "treatment. • ' • • • Painful menses-and other inflammatory complaints of the Vaglunl area usually respond to Radio Short Wave Therapy. • • • • • • • The relief of sinus sufferers by Short Wave Diathermy is unparalleled bY any other method.

HEAD COLDS, TOOTHACHE, EARACHE, TONSILITIS, and other bead conditions usually respond to Short Wave treatments. SHORT WAVE DIATHERMY IS A HOl\IE NECESSITY • • • Its frequent- use by each member of the 'family Is very· Inexpensive assurance in bulldlng up resistance to infectious conditions. -: * •· ·• Short Wave Diathermy has an analgesic effect, in addition to other beneficial results, and it is entitled to your fullest confidence. • • • • • • • • .. ··. ELE.CTRO-HEALTH APPLIANCE' 'CO. G79 670' " " Findings * * • The uses of Short Wave Diathermy are varied and multiform. It should always be tried whete benefit may be derived from it. • • • • • • • • • • * • its (chronic arthritis) improvement by diathermy has taken place so often that it should be given a trial in practically all cases of this disease. • • * • • • • * • • Users have reported favot·able results from this method in the treatment of Abcesses Arthritis Asthma Dolls • Bronchitis Common Colds Chilblains Furuncle Female Disorders Gastritis High Blood Pressure Insomnia Kidney Troubles Liver Complaints Lumbago · Laryngitis Neuralgia Neuritis' Pneumonia Pelvic Disorders Peritonitis Prostate Pleurisy · Rhlumatlsm Soiatica Sinus· Spt•alni! Tonsils Singers Throat Sore Throat · Adhesions Respiratory Difficulties Ears Menstrual Pains Foot Ailments Colonic Disorders Hay Fever In general it may safely be assumed that relief may be expected from the application of heat to many of the Inflammatory ailments to wl1ich man is their, and "Radio Short Wave" (D:athermy) Is outstanding In this field of Physiotherapy" By radio broadcasts:

'today, science is employing radio waves-extremely short waves-to generate heat deep within the tissues. ·neat to ease the pain, heat to Increase the circulation of.blood in the inflamed area, heat to help the blood carry off the poisons of infection, heat to ovet·come these deep-seated Inflammations and do away With soreness and swellings. This comparatively new invention--Electrohealth Short Wave Diathermy-bas given the medical world a new kind of therapy nnd a most effective treatment for a great many common ills and discomforts. And this is lm~rtant: THIS NEW SHORT WAVE DIATHERMY TREATMENT HAS BEEN MEDICALLY APPROVED AND ADOPTED GEN- ERALLY TIIROUGHOUT .THE WORLD I Of equal importance is this :tact: Electro·H<~alth .Appliance Company, 2709 \V.-7th, bas perfected a safe short-wave ' diathe~my unit :tor home use. It's so simple that any one can use It without professional 1mpervision. This perfected Electro-Health Short Wave Diathermy Unit is a vit·tunl necessity for every borne-a good health necessity that wlll · bring a million dollars worth of relief and comfort to sufferers from common Colds, sinus. troubles, rheumatism, ear ache, bay fever, and a hundred other Similar ¢omplaints. , • • •• • • • • • It you've sufl'ered the discomfort of a common cold, sore, throat, slm~s trouble, Findings 35F. T.C.

or any one of a hundred or more common ailments, you'll be lnt~re~ted in this. Sclenre has harnessed radio short wave to relieve''and protest against these common conditions * • . • and the Electro-Health Appliance Company bas perfected a short wave unit so safe and simple in operation, It can be used In the horne without medical supervision. Here's the way lt works: The :urectro- IIealth Short Wave Diathermy machine has two electrodes or pads which are applled to opposite sides of the bouy wherever the trouble Is located. When the S\\"itch is turned on, high ft·equency radio waves iiow from one electrode right through the bod;v tissue to be received by the oppl•site electrode. The short waves create hent derp within the tissues, soothing any pain and at the same time stimulating the circulation of the blood In that particular area. This friendly fevet·, generated by Shott radio waves, directs and reinforces the llOdt healing powers. Electro-Health Short Wave Diathermy for the home is safe, simple an<l amazingly inexpensive.

P.an. 4. By the use of the foregoing representations, and others similar thereto but not specifically set out herein, respondent bas represented that its device or apparatus Designated as "Electro-Hen1th Short Wave Diathermy" may be used safely by the unskilled lay public in the treatment o£ self-diagnosed diseases and ailments of the human body by individual self-application in the home without professional supervision; that said device is a safe, harmless, and ·effective means and method for the treatment of rheumatism in its various forms in aU parts o£ the body, arthritis, sinus, hay fever, colds, laryngitis, bronchitis, respiratory troubles, neuritis, kidney troubles, prostatitis, asthma, high blood pressure, sciatica, lumbago, poor circulation, pneu· monia, liver complaints, insomnia, abcesses; gastritis, pleurisy, colonic · disorders,· chilblains, bladder trouble, menstrual pains, female dis· orders, peritonitis, singer's throat, sore throat, adhesions, boils, furun· . cles, pelvic inflammations, neuralgia, tonsilitis, earache, and other acute and chronic diseases and conditions; and that the use of said device would have no ill effects upon the user. PAR. 5. When used by unskilled members of the public, eith~r under the conditions prescribed by respondent or under such condi· tions as are customary or usual respondent's shod wavo diatherm! device is not a competent treatment for any o.f the diseases or condi· tions ~et forth in the preceding pa-ragraph, or for any disease or condition in which an acute inflammatory process is present, or whet:e the application o£ heat may induce hemorrhage, or where the condi· tion treated is merely a symptom of some .underlying disease, or ' where the disease to be treated is accompanied hy other conditions such as those stated and in which the use o£ short-wave diathermy is contraindicated.

Respondent's device is not a safe or harmless means o£ treating self-diagnosed diseases or ailments o£ the human body. It has the <~apacity to, and when improperly used may, result in se~ious burns· ELECTRO-HEALTH APPLIANCE ·CO. 681 670 Findings and other injuries to the user. 'Vhen used to treat conditions in- Volving inflammation such as but not limited to acute arthritis, acute bursitis, or sinus, respondent's device is likely to increase congestion, aggravate the inflammation, and spread infection to other tissues. ·When used to treat conditions such as but not limited to gastritis due Ulcers, pelvic disorders, or menstrual difficulties, it may induce hemorrhage. Conditions such as bnt not limited to neuritis and neuralgia are frequently symptoms of some underlying disease and competent ~r«>atment requires a determina,tion of and treatment of the disease ltself rather· than a treatment of the symptoms. The excessive application of short~wave diath~·my for the treatment of pains in the arms and legs in the presence of advanced blood vessel changes may ~ead to ulceration nnd gangrene and necessitate amputation. Cancer of the ~pine and tuberculosis of the spine may evidence themselves by Pain in the knees or other parts of the body, and pain in the joints lnay be a symptom of tuberculosis of the joints, cancer, syphilis, or other infections processes, and attempts to treat local pain in such circumstances by the use of re::;pondent's device may so delay diagnosis and proper treatment of the underlying disease as to result in £crious Or even fatal consequences. The use of respondent's device in an area Where there is hardening of the arteries anu poor circulation may result in severe burns and may result in thrombosis or thrombo- Phlebitis. The ordinary layman is unable to diagnoses diseases and even in conditions where short-waYc diathermy might properly be Used is 'unabl~ to determine the method; rate, or frequency of application which would make the use of the device a proper treatment Under the particular circumstances. • The use of diathermy is not safe unless and until competent meuical authority has determine<l as a result of d.iagnosis that its use is indicated and has prescribed the method, frequency, and rate of application of diathermy treatments and the user has been thoroughly and adequately instructed by a phy::;ician or a trained technician in the U:s-e of the device. · PAR. 6. The aforesaid representations by respondent concerning the therapeutic value of its device are. misleading and deceptive and Constitute false advertisements. The~e representations are also false advertisements for the reason that they fail to reveal all the facts lnaterial in the light of the representati~ns made and fail to reveal the consequences which may result from the use of the respondent's device under conditions prescribed in the advertisements or under such conditions as are customary or usual. The representations also constitute false advertisements in that they fail to reveal that respondent's devic.e may safely be used only after a competent medical 682 FEDERAL TRADE COMMISS'ION DECISlONS Order 35F.T.C· authority has determined as a result of diagnosis that the use of diathermy is indicated and has prescribed the method, frequency, a~d rate of application and the user has received adequate instruction tn the use of the device. . PAR. 7. The use by respondent of tho aforesaid. false advertisements has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistake~ belief that respondent's device -possesses therapeutic values which tt does not in fact possess and that such device may be indiscriminat~ly used by the lay public with safety, and the tendency and capacttY to cause such portion of the public to purchase respondent's device .as a result of the ertoneous and mistaken belief so engendered.· CONCLUSION , The aforesaid acts and practices of the respond.ent are all to the prejud~ce of tl~e public and constitute unfair and deceptive acts an~ practices in commerce within the intent and meaning of tho Federa 'Trade Commission Act:- ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Comrni:· sion upon the complaint of the Commission, testimony and other evl· dence tak~n before an examiner of the Commission theretofore duly designated. by it, and brief filed in support of the complaint, and the. Commission having made its findings as to the facts and its conclu· sion that said respondent ~as violated the provisions of the Federal Trade Commission Act.

It is ordered, That respondent Electro-Health Appliance Co., its officers, representatives, agents, and employees, directly or through nny corporate or other device, in connection with the offering for sale, or distribution of an electrical device or apparatus designnted ns "Electro-Health Short ·wave Diathermy," or any other device or np· paratus of substantially similar character, whether sold under t:16 .same name or under any other name, do forthwith. cease and dest~t from directly or indirectly disseminating or causing to be disseull" nated, by means of the United States mails or by any means in com· merce, as "commerce" is defined in the Federal Trade Commission A.ct, :my advertisement concerning the electrical device or apparatus desig· nated '~Electro-Health Short ·wave Diathermy," or disseminating or · causing to be disseminated any advertisements, by any means, for t~e purpose of inducing, or which are likely to induce, di~ctly or in~1 - .rectly, the purchase in commerce, as "commerce" is defined in the Fed· ELECTRO-HEALTH APPLIANCE CO. 683 670 Order eral Trade Commission Act, of the aforesaid electrical device or apparatus, which advertisement:

· 1. Represents, directly or through inference, that said device or apparatus is safe or harmless.

· 2. Represents, directly or through inference, that respondent's device or apparatus constitutes a competent or effective treatment for rheumatism in its various forms, arthritis, sinus, hay fever, colds, laryngitis, pronchitis, respiratory troubles, neuritis, kidney troubles, prostatitis, asthma, high blood pressure, sciatica, lumbago, poor circulation, pneumonia, liver complaints, insomnia, abscesses, gastritis, pleurisy, colonic disorders, chilblains, bladder trouble, menstrual pains, female disorders, peritonitis, singer's throat, sore throat, adhesions, boils, furuncles, pelvic inflammation, neuralgia, tonsilitis, earache, or any other ailment or disorder of the human body, unless such advertisement is specifically limited to those cases in which no acute inflammatory process is involved and in which the application of heat is not likely to induce hemorrhage.

3. Fails to reveal clearly, conspicuously, and unequivocally that said device or apparatus is not safe to use unless and until a competent . medical authority has determined as a result of diagnosis that the ttse of diathermy is indicated and has prescribed the method., frequency, and rate of application of such diathermy treatments and the User has been thoroughly and adequately instructed by a physician or trained. technician in the use of such diathermy device or apparatus. It is furtl~er ordered, That respondent shall, within 60 days after the service upon it of this oruer, file with the Commission a report 'in writing setting forth in detail the manner and form in which it has complied with this order.

Complaint· 35F. T.C.