Ultra-Violet Products, Inc

Text (OCR of the scan at left; may contain errors)

IN THE ~ATTER OF ULTRA-VIOLET PRODUCTS, INC.

MODIFIED ORDER TO CEASE AND Desist Docket 4407. Order, June 7, 1945 Modified order, in accordance with decree below referred to, in proceeding in question, in which original order issued on June 8, 1942, 34 F. T. C. 1325, and in which the Circuit Court of Appeals for the Ninth Circuit on June 30, 1944, in Ultra-Violet Products, Inc. v. Federal Trade Commission, 143 F. (2d) 814, 38 F. T. C. 923, rendered its 'opinion, and on January 24, 1945 issued its decree modifying the aforesaid order in certain respects and affirming the same as therein modified- Requiring respondent, its officers, etc., in connection with offer, etc., in commerce, of its therapeutic "Life Lite" lamp, to cease and desist from disseminating any advertisements, etc., which misrepresent the nature or benefits of said lamp, or qualities or properties thereof with respect to various ailments, or which fail to make certain disclosures with respect to use thereof, as in said order specified. ~ODIFIED ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on June 8, 1942, .the Commission made its findings as to the facts herein and concluded therefrom that the respondent, Ultra-Violet Products, Inc., a corporation, had violated the provisions of the Federal Trade Commission Act, and on June 8, 1942, issued and subsequently served its order to cease and desist upon said respondent; and it further appearing that on January 24, 1945, the United Stat~s Circuit Court of Appeals for the Ninth Circuit issued its decree modifying the aforesaid order in certain respects and affirming said order as therein modified.

Now, therefore, Pursuant to the provisions of the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity wjth said decree: . It is ordered, That said responden.t, Ultra-Violet Products, Inc., a corporation, and its officers, agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of respondent's therapeutic lamp designated as "Life Lite," or any other lamp of substantially similar construction, whether sold under the same name or any other name, 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 represents, directly or by implication, (a) that said lamp is a sun lamp; or that it affords benefits to the user comparable to those afforded by natural sunlight, other than the benefits resulting from the production of vitamin D, the benefits resulting from the bactericidal action of said lamp upon bacteria existing at the surface or outer layers of the skin, and the benefits resulting from the stimulation or irritation of the skin;

(b) that said lamp constitutes a cure or remedy or a competent or adequate treatment for barber's itch, ringworm, athlete's foot, acne, eczema, psoriasis, shingles, or erysipelas;

650780-47-44 Order 40 F. T. C.

(c) that said lamp constitutes a cure or remedy for sores or ulcers, or that it constitutes a competent treatment therefor except insofar as it may stimulate the healing process in those cases in which the infection causing such conditions is confined to the surface of the skin; (d) that said lamp possesses any therapeutic value in the treatment of asthma, hay fever, bronchitis, colds, sinus trouble, or discharges from the ears;

(e) that said lamp possesses any therapeutic value in the treatment of anemia;

(f) that said lamp builds up in the body resistance to diseases other than those benefited from the development in the body of vitamin D or the lamp's bactericidal action or stimulating effect on the outer layers of the skin;

(g) that said lamp has any tonic effect upon the blood, that it produces any chemical reaction with respect to the blood stream, or that it is of any assistance in overcoming a deficiency of white or red corpuscles; (h) that said lamp builds up the resistance of the body to infection, or that it stimulates the endocrine glands;

(i) that said lamp affords any stimulation to the tissues of the skin in excess of such stimulation as may result from its irritating effect; (j) that said lamp quiets or soothes the nerves or the nerve endings in the skin; · (k) that said lamp acts as an antacid or has any alkalizing effect upon the body;

(l) that said lamp improves the general tone of the body, makes the body strong, increases vitality, or improves mental reactions; (m) that said lamp tones up the nervous system, induces sleep, or relieves pain;

(n) that said lamp normalizes the chemistry of the body, improves metabolism, or builds or aids in building new tissues, except insofar as such effects are related to the production of vitamin D resulting from the use of the lamp or from the stimulating or bactericidal effect of the lamp on the skin.

2. 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 fails to reveal that excessive exposure to said lamp either with respect to proximity or length of time may result in injury to the user; that said lamp should not be used in the case of pellagra, lupus erythematosus, or certain types of eczema; and that said lamp should never be used unless goggles are worn to protect the eyes; provided, however, that such advertisement need contain only the statement, "CAUTION: Use only as Directed," if and when the directions for use, wherever they appear on the label, in the labeling, or both on the label and in the labeling, contain a warning to the above effect. 3. 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 lamp, which contains any representation prohibited in paragraph 1 hereof, or which fails to comply with the affirmative requirements set forth in paragraph 2 hereof. It is further ordered, That said respondent corporation shall, within 30 days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.

PECK AND HILLS FURNITURE CO., INC. 647 Syllabus