United Diathermy, Inc

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IN THE MATTER OF UNITED DIAT~ERMY, INC.

'I' I COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 ~ Docket 4l58. Oomplaint, Jan. fB, 1941-Decision, July 20, 194! t I' Where a corporation, engaged in interstate sale and distribution of its "United f Short Wave Diathermy" device, for home use. in self-administered applications Of diathermy; by means of advertisements- (a) nepresented that its said device or apparatus, when used in the treatment Of Belt-diagnosed diseases and aliments by self-application in the home, was a sate, harmless, and etrectlve means for trea~ent of rheumatism in its various forms in all parts of the body, arthritis, neuritis, bursitis, lumbago, sciatica, neuralgia, sinus trouble, and colds, and for the alleviation of pain resulting from such conditions;

'lbe facts being diathermy is not a safe therapeutic adjunct for unsupervised home use; said device was not a competent treatment for acute arthritis characterized by infection, acute bursitis, sinus trouble in which there is a retention of pus, or for. any disease or condition involving an acute inflam· :rna tory process; application in excess dosage in cases where there are ad· Vanced blood vessel changes of the legs will not only cause serious burns but lead to gangrene and necessitate. amputation; use of such a device for symptoms of neuralgia or neuritis without proper diagnosis may result in fatally delaying treatment of underlying dtosease or cause; and application in area of the body where apprec~ation of heat has been Impaired or lost may result in serious burns; and . (b) Falled to reveal all the facts material in the light of said representations or With respect to aforesaid consequences which might result from the use of said device under prescribed or usual conditions; . · \Vtth effect of misleading and deceiving a substantial portion of the purchasing Public Into the mistaken belief that such statements were true, thereby inducing it, because of such belief, to purchase said device: lleza, That such acts and practices, under the circumstances set forth, were all to tbe prejudice and injury of the public, and constituted unfair and deceptive acts and practices in commerce.

Before Mr. Lewis 0. Russell, trial examiner. Mr. R. A. McOuat, Mr. Ja:mes I. Rooney and Mr. lVilliam M. KVn,g for the Commission. '-...... Mr. Mortimer Oohn, of Ne~ York City, for respondent, COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, ;nd by virtue of the ·authority vested in it by said .~ct, the Federal trade Commission, having reason to believe that United Diathermy, Inc., a corporation~ hereinafter referred to as respondent, has violated 1109749m-43-vol. 31!--11! 190 FEDE.RAL TRADE COMMISSION DECISWINS Complaint 35F.T.C· the provisions of the said act, and it appearing to the Commissio? that a proceeding by it in respect thereof would be in the publi.c interest, hereby issues its complaint, stating its charges in that respect as follows: · PARAGRAPH 1. Respondent, United Diathermy, Inc., is a corpora· .tion, created, organized and existing under and by virtue of the la~S of the State of New York, with its office and principal place of busi· ness at 100 'Vest Forty Second Street, New York, N.Y. · PAR. 2. The respondrnt is now, and for·more than 1 year last past has been, engaged in the sale and distribution of a certain device or apparatus designated as United Short 'Vave Diathermy. In the course and conduct of its business, the respondent causes said device or apparatus, when sold, to be transported from its place of business in the State of New York, to purchasers thereof located in various other States of the United States and in the District of Columbia.

Respondent maintains and at all times mentioned herein, has main· tained a course of trade in said device or apparatus, 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 its aforesaid business, the re· spondent has disseminated .and is now disseminating, and has caused and is now causing the dissemination of, false advertisements con· cerning its 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 no~ disseminating, and has caused and is now causing the dissemination of, false advertisements concerning its said product, by various means, for the purpose of inducing, and which are likely to induce, directly or .indirectly, the purchase of its said product ln commerce, as. coJll· merce is defined in the Federal Trade Commission Act. Among, and typical of, the false, misleading, and deceptive state· ments and representations contained in said false advertisements, disseminated and caused to be disseminated, as hereinabove set forth, by the United States mails, by advertisements in newspapers, by radio .continuities and other advertising literature, are the following: Arthritis alle,·lated by short wave diathermy. l\Iodet·n science has given us n gt·eat discovery • • * short wave diathermy for the home. a FRES demonstration will convince you, as It has many others, of the pain rellevinl:' penetrating heat It produces. Prominent physicians and leading hospitals today approve or short wave diathermy for Arthrltls-Bursltis-Nemalgia-RheutJlll" tlsm-Lumbago---:Sclatlca-Nemltis-Slnus Trouble. Illustrated booklet mailed ~n requ~st. · UNITED DIATHER:M.Y,. INC •. 191 189 Complaint United Diathermy, Inc.

I~NER HEAT FOR INNER HEALTH 100 West 42nd St., N. Y. C.

Why Suffer? Relieve Pains of Rheumatism Sciatica Bursitis Arthritis Lumbago Neuralgia Sinus Trouble Neuritis Now, in your own llOme United Diathermy offers you a new home unit just as efficient as equipment used In hospitals, ~·et as. en fly to operate as your radio. You, too, can get quick relief from rheumntic or muscular :[tains. Don't keep on sufferiug, day after day. Science has found a way to alleviate m~·our agoniziug pains • • • a rPnwdv. so silnr)le and effective. Short wave athermy Is being used successfully. '.roday YOU can alleviate quickly the ngonizing pains. Why suffer any longer? The United portable model Is us ~hnple and safe to operate as your radio. It Is just as efficient as the equip- ~ent used In hospitals. Iu ordet· to prove to you what United Short Wave 111thermy can do for you, we invite you to try it in your own home. Just fill Out the coupon and you can have a free trial right in your own home. Mail this ~ 0l1Don today. This offer free to anyone living within 200 miles of New York City. Short Wave Diathermy Relieved 1\fy Lt>g Pains (pictme of woman with device 11Dlllied to leg above and below knee). . 1'o you who stffer from all forms of Rheumatic discomfort such as arthritis, neuritis, bursitis, lamb:::go, sciatica, neuralgia, sinus trouble, colds, and rheumatism In all parts of the body, we dedicate this booklet. Short Wave Diathei'my- Science's latest most amoziug achievement-here is a method that accomplishes \Vhat it sets out to do-alleviates the pain from all l'orms of rheumatic and IIJ.U>tcular discomfort. United Short Wave Diathermy for Home Use. A new ~'ra In self-treatment-a method that Is simplicity itself-a method that you carr llse for alleviation of your pain~ in the privacy and comfort of yom· own hon1e. (Short Wave Diathermy) electro magnetic waves (radio waves) at·e converted into heat that Is able to penetrate deeply into the body. Simple-Efficient-Safe .

.A. .'lafe, simple and effective' means to ulleviote your pain. No longer do yon ' have to take yout· clothes off-penetrates even through your shoes. One of the best times to take a United Short Wave treatment Is at night before yon go to ~sleep • • • Your body Is more receptive to beneflcial treatment nnd retains the heat longer. As yon can see in the pictures throughout this bt!oklet, the lllethod of applying the new United Short Wave Diathermy Is so simple that anl·one can use it safely and effectlvely. -._____ reope everywhere are finding out for themselves • * • that short wave diathermy can alleviate pains dne to arthritis, neuritis, bursitis, lumbago, Seintica, neuralgia, sinus trouble, and all forms of rheumatism. Short wave <llathermy has the approval of medical n~en • • • · it is used In hospttuls and other medical Institutions. Sh01·t wave diathermy Is so Rhuple and so safe, that even a child can use it. • • • Thousands of people llllve round· relief from: Dain in short. wave diathermy. It's safe •. • .• sure. It's approvedi by: llledlcal authorities. There's no reason why anyone should cantlnue to· suffer!' Dain and discomfort. Short wave diathermy Is the scientific answer to pain~ 192 FEDE.RAL TRADE COMMISSION DE,CISION'S Complaint 35F.T.C· A good many of us ~u:ler from painful conditions of the shoulders, back, chest, feet, head, arms, knees, and other parts of the body. United Short Wave Diathermy can alleviate these conditions. The modern way of alleviating your ;pains is with United Short Wave Diathermy.

With United, you can take these Short Wave treatments easily and e:l!ectlvelY yourself, In your own home and without the assistance of anyone. PAR. 4. By the use of the representations hereinabove set forth and other representations similar thereto not specifically set out herein, respondent represents that its device or .apparatus, advertised as United Short ·wave Diathermy, when used by the unskilled lay publio in the treatment of self-diagnosed diseases and ailments of the human body by individual self-application in the home; is a scientitic, safe, harmless, and effective means and method for the treatment of rheuma· tism in its various :forms in all parts of the body, arthritis, neuritis, bursitis, lumbago, sciatica, neuralgia, sinus trouble, and colds, and :for the alleviation of pain resulting therefrom, and that its use will have no ill effects upon the human body. . PAR.· 5. The foregoing representations are grossly exaggerated, false, and misleading. Respondent's device or apparatus, designated as United Short 'Vave Diathermy, is composed principally of a transformer, a short wave generator, two radio tubes.and two coils housed in a portable cabinet. The device operates upon approximately a 13 meter wave length with a power output of approximately 160 watts'. The power is obtained from house current by the necessary connection and transmitted through said device to the patient by means of two electric cords, each of which terminates in an· insulated elec· trode. The application to the patient is made usually by placing the electrodes in such position that the power may pass between said electrodes through the affected area, at stated intervals for varyi~g periods of time.

The individual self-application of said device by the unskilled lay , public in the home, under the conditions prescribed in said advertise· ments or under such conditions as are customary or usual, will not · accompli~h the results claimed by the respondent and is not a scien· tific, safe, harmless, and effective means and method to be used in the treatment of self-diagnosed diseases and ailments of the human body, or for the alleviation of pain resulting therefrom, and may cause severe electric burns or other serious and irreparable injury to health.

The said device does not constitute a competent treatment for con· ditions of acute mflam~ation of the nerves, such' as neuritis, neu· ralgia, sciatica,, and lumbago, and acute inflammation of the joints, such as bursitis, ·arthritis, and lumbago, or rheumatic pains associ· • .ated with acute inflammatory conditions of the nerves and joints, and UNITED DIATHERMY, INC. 193 189 Complaint i~s use in such conditions may result in further swelling of inflamed ttssue, thereby increasing the congestion of the inflamed part and spreading the inflammation to adjacent tissue and allowing the absorption of toxins, if present.

Furthermore, the use of said device for the relief of pain due to ne~ralgia or neuritis, which may be symptoms of some deeper under- 1Ymg disease 9r cause such as tumor, tuberculosis, syphilis, cancer, or diabetes, may fatally delay proper diagnosis and treatment . . The application of diathermy in conditions of acute sinus trouble lllay result in further increasing congestion o£ the mucous membrane of the sinuses, nose, and throat, causing increased absorption of bacterial toxins, if present, perpetuating the congestion of the mucous membrane. .

The appli~ation of said device by the unskilled layman in the treatlllent of pains in the knees may fatally delay proper diagnosis and ~treatment, in that cancer of the spine may,· and often does, evidence Itself by severe pain in said areas.

Diathermy, when applied in excess dosage in the treatment of se~ere pains in the extremities in the presence of advanced blood ~essel changes of the legs, mn,y cause serious burns and may directly lead to gangrene and necessitate amputation of the legs. When diathermy is applied to areas which may be affected by Inalignant tumors, such use may result in stimulating the growth of cancerous 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. · . There are many diseases and conditions in the treatment of which diathermy would be contra-indicated. There are other conditions in i\'which the efficacy of diathermy is dependent upon the method and · ~uration of its use. In both of the above classes of cases the use or 1l'llproper use of diathermy might aggravate rather than relieve such conditions. Furthermore, many conditions, including some of those for which respondent recommends its device, are sometimes symptomatic or indicative of underlying systemic disorders for which treatment by diathermy would have no therapeutic value and might e~en be injurious. It would be impossible for a member of the lay Public to correctly diagnose his ailment or condition or to determine the underlying cause of such disorder. It would also be impossible for such person to correctly determine the method and duration of the use of diathermy. Consequently, the use of diathermy requires the diagnosis of the ailment or condition by a competent medical 104 FEDE.RAL TRADE COMl\IISSIOX DE.CISIOX'S Findings 3:JF. T.C. .authority in order to determine if diathermy is indicated and the method and duration of treatment which should be prescribed. PAn. 6. In addition to the representations hereinabove set forth, the respondent has also engaged in the dissemination of false advertise· ments in the manner above set forth, in that said advertisements so disseminated fail to reveal all facts material in the light of such repre· sentations or material with respect to consequences wl~ich may 'result from the use of said dedce or apparatus, under the coil<litions pre· scribed in said advertisements, or under such conditions as are cus· tomary or usual, and that the use of said device may result in serious .and irreparable injury to health. · The said 11advertisements are further false, as aforesaid, in that said atlvertisements also fail to conspicuously re,·enl 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 amotint of application of such diathermy trent· ments ,nnd the user has been adequately instructed in the method of operating such device by a trained technician. PAR. 7. The use by the respondent of the foregoing false, deceptive, and misleading statements an<l representations with respect to its device or apparatus, disseminated as aforesaid, has had and now has the capacity and tendency to, and does, mislead and deceive- a sub· stantial portion of the purchasing public into the erroneous and mis· taken belief that such statements, representations an<l advertisements are true and induce a portion of the purchasing public, because of such . erro1wous and mistaken belief, to purchase the respond('nt's said device or apparatus.

PAR. 8. The foregoing acts and practices of the respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair find deceptive acts and practic('S in commerce within the intent and menn_ing of the Federal Trade Commission Act. REPORT, FINDINGS AS TO Tile FACTS, _\ND 0P.DER Pmsuant to the provisions of the Feueral Trade Commission Act, the Ft>deral Trade Commission on January 28,1941, issued and subse· quently serveu its complaint in this proceeding upon respondent, United Diathermy, Inc., a corporatioi1; charging it with unfair and deceptive acts anJ practices in comlllerce in violation of the provisions of said act. After the issuance of said complaint and the filing of 1·respondent's answer thereto, testimony, antl other evidence in support of and in opposition to the allegations of said c~mplaint were intro· ducetl before an examiner of the Conuni:;sion therefore duly desig· UNITED DIATHERMY, INC. 195 189 Findings llated by it; and said testimony and other evidence were duly recorded and filed in the office of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said ~ornplaint, the answer thereto, testimony, and other evidence, briefs ln support of the complaint and in opposition thereto, and the oral arguments of counsel; and the Commission, having duly considered the. matter and being now fully advised in the premises, finds that this Proceeding is in the interest of the public and makes this its findings Us to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, United Diathermy, Inc., is a corporation 01'ganized ·and existing under and by virtue of the laws of the State of N"ew York and having its office and principal place of business at 100 West Forty-second Street, New York, N. Y. It is now, and for several years last past has been, engaged in the sale and distribution ~f a certain electrical device or apparatus designated as "United hort w·ave Diathermy."

PAR. 2. In the comse and conduct of its aforesaid business, re- ~Pondent causes said device or apparatus, when sold, to be transported lorn its place of business in the State of New York to purchasers tllereof located in States of the United States other than New York, and respondent maintains, and has maintained, a course of trade in ~aid device or apparatus in commerce Letwe.en and among the various states of the United States. · PAR. 3. Respondent's device or apparatus is essentially a portable cabinet containing means for the generation of electrical short waves ~nd the application thereof to parts of the human body by means of l~sulated electrodes. The electrical energy necessary for the operat~on of this device is secured by attaching it to the domestic electrical Clrcuits in the user's home, and it has a power output of approximately 160 watts. The device has a means of modulating the power ou.tput and a time switch which will automatically limit its period of operation to a predetermined time, such time being subject to the Control of the operator. When the two electrodes are applied to the llser's body and the device or apparatus put in operation, the passage of the 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. This device or apparatus is offered for ~ale and sold to members of the public for use in giving self-adminlf>tered applications of diathermy in their homes. 196 FEDE,RAL TRADE COMMISSION DECISION'S Findings 35F.T.C· PAR. 4. In the course and conduct oi its business as· aforesaid, respondent, by means of the United States mails and by various means in commerce, as "commerce" is defined in the Federal Trade Commission Act, has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning its said "United Short Wave Diathermy" device or appa· ratus; and respondent, by various means, has also disseminated and is now disseminating, and has caused and is now causing the dis· semination of, false advertisements for _the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said device or apparatus in commerce, as "commerce" is defined in the Federal Trade Commission Act.

Among and typical. of the false, misleading, and deceptive state· ments, and representations contained in said false advertisements disseminated and caused to be disseminated as aforesaid, are the fo!Jowing:

Arthritis alleviated by short wave diathermy. Modern science has givell us a great discovery • • • short wave diathermy for the home. A FRE'J!l demonstration will convince you, as It has many others, of the pain relievlnl penetrating heat It produces. Prominent physicians and leading ho!;;pltuls todd1 approve of short wave diathermy for Arthrltis-Bursltls-Neuralgla-Rheutna• tlsm-Lumbago-Sciatia~Neuritis-Slnus Trouble. Illustrated booklet maned on request.

• • • • • • • Why Suft'er? Relieve Pains of Rheumatism Sciatica Bursitis Arthritis Lumbago Neuralgia Sinus Trouble Neuritis Now, In your own home United Diathermy olfers· you a new home unit just as efficient as equipment used In hospitals, yet as easy to operate as your radio· • • • • • • • You, too, can get quick relief from rheumatic or muscular pains. • • • • • • • Don't keep on suffering, day after day. Science has f~und a way to alleviate your agonizing pains • • • a remedy so simple and effective. Short wave diathermy Is being used successfully. Today YOU can alleviate quickly the agonizing pains. Why suft'er any longer? The United portable model is as simple and safe to operate as your radio. It Is just as emctent as the equipment used In hospitals. In order to prove to you what United Short Wave Diathermy can do for you, we invite you to try It in your own home. Just fill out the coupon and you can have a free trial. right In your own home. Mall this coupon today. This offer free to anyone living wltbill 200 miles of New York City.

• • • • • • • Short Wave Diathermy Relieved My Leg Pains.

(Picture of woman with device applied to her leg above and below knee.) UNITED DIATHERMY, INC. 197 189 Findings ~o. You who suffer from all forms of Rheumatic discomfort such as arthritis, neuritis, bursitis, lumbago, sciatica, neuralgia, sinus trouble, colds, and rheumatism In all parts of the body, we dedicate this booklet. Short Wave Diathermy -science's latest most amazing achievement-here is a method that accomplishes lfhat it sets out to do:-aneviates the pain from all forms of rheumatic and llluscular discomfort. United Short Wave Diathermy For Home Use. A new era in self-treatment-'-a method that is simplicity itself-a method that you can Use for alleviation of your pains in the privacy and comfort of your own ltome. 1(Short Wave Diathermy) electro magnetic waves (radio waves) are converted llto heat tba,t is able to penetrate deeply into the body. * * * * * * Simple-Efficient-Safe h .A safe, simple and effective means to alleviate your pain. No longer do you ba?e to take your clothes off-penetrates even through your shoes. One of the eat times to take a United Short Wave Treatment is at night before you go to :sleep • • • your body Is more receptive to beneficial treatment and retains the eat longer. As you can see In the pictures throughout this booklet, the method or applying the new United Short Wave Diathermy is so simple that anyone can Use it safely and effectively.

"' • * * .......

d l>eople everywhere are finding out for themselves • • • that short wave 1athermy can alleviate pains due to arthritis, neuritis, bursitis, lumbago, sciat-1hca., neuralgia, sinus trouble, and all forms of rheumatism. Short wave diathermy 118 the approval of medical men • • • it is used in hospitals and other llledlcal lnstltutlons. Short wave diathermy Is so simple and so safe, that even Ia chUd can use it. • • • Thousands of people have found relief from pain 11 short wave diathermy. It's safe • • • sure. It's approved by medical ;authorities. There's no reason why anyone should continue to suffer pain and lacomfort. Short wave diathermy is the scientific answer to pain. A good manyot ·kn Us suffer from painful conditions of the shoulders, back, chest, feet, head, arms, th ees, and other parts of the body. United Short Wave Diathermy can alleviate S ese conditions. The modern way of alleviating your pains is with United hort Wave Diathermy.

• • • • • • • 'W'Ith United, you can take these Short Wave treatments easily and effectively )'ourself, in your own home and without the assistance of anyone. PAR. 5. By the use of statements such as those set out in the pre- ~ding paragraph; respondent represents that its device or apparatus own as "United Short Wave Diathermy," when used by members of the general public in the treatment of self-diagnosed diseases and ail- ~~nts of the human body by individual self-application in the home, 18 a safe, harmless, and effective means and method for, the treatment of_ rheumatism in its various forms in all parts of the body, arthritis, lleu.ritis, bursitis, lumbago, sciatica, neuralgia, sinus trouble, and Colds, and for the alleviation of pain resulting from such conditions. 198 FEDERAL TRADE COMMISSION DECISrGiti."S ·Findings 35F. T.C.

In truth and in fact respondents' device or apparatus is not safe and harmless, and when used by an untrained person may result in severe burns or other serious injury to health. It is not a competent and effec· tive treatment for acute arthritis characterized by infection, acute bursitis, sinus trouble in which there is a retention of pus, or for any disease or condition involving an acute inflammatory process. · PAR. 6. Respondent's representations concerning its said device or apparatus also constitute false advertisements for the reason that they fail to reveal all of the facts material in the light of such representa· tions, or material with respect to consequences which may result frolll the use of said device or apparatus under the conditions prescribed or under such conditions as are customary and usual. The use of respondent's device or apparatus in applying high-fre· quency electric currents to produce heat in body tissues for therapeutic purposes is a form of treatment powerful enough to do serious injury to the user if improperly applied. Such a machine or device, when used unskillfully, will burn or otherwise seriously damage the persoll to whom it is applied. The application of such diathermy by an nn· skilled person, in cases where there are advanced blood vessel changes of the legs (usually characterized by severe pains in the extremities), will, in excess dosage, not only cause serious burns but will lead directly to gangrene and necessitate amputation of the leg. Neuralgia and neuritis are symptoms of some underlying disease or cause, and the attempt to relieve the pains resulting from such conditions by the nse of a diathermy device or apparatus such as respondent's without seek· ing to secure proper diagnosis as to the cause of such pains, may result in fatally delaying the commencement of diagnosis and treatment of the underlying disease or ~cause. The application of diatht>rmy in any area of the body where appreciation of heat has been impaired or lost may result in serious burns and destruction of tissue, and diathermy is definitely contraindicated in any acute inflammatory process, acute arthritis characterized by infection, acute bursitis, and sinus trouble in which there is a retention of pus. · The safe and intelligent use of a diathermy device or apparatus such as respondent's requires that there first be a. complete diagnosis by a competent physician, a uetermination of whether or not diathermy is indicated, and, if so, the amount of heat to be applied and the pt1ce· ment of the electrodes, control and regulation of the dosage, and pre· ventive measures against burns and tissue destruction. Diathermy is not a safe therapeutic adjunct in the hands of an untrained person for unsupervised home use. · PAR. 7. The use by the respondent of the false, deceptive, and mis· leading statements and representations set out herein with respect to ' UNITED DIATHERMY, INC. 199 189 Order .its device or apparatus, dissemi;lated as aforesaid, has had, and now has, the capacity and tendency to, and does, mislead a substantial Portion of the purchasing public into the erroneous and mistaken belief that such statements and representations are true, and induces a portion of the purchasing public, because of such erron~ous and llllstaken belief, to purchase respondent's said device or apparatus. CONCLUSION The aforesaid acts and practices of the respondent are all to the ~tejudice 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.

ORDER TO CEASE AND DESIST :rn·This proceeding having been heard by the Federal Trade Com- Ission upon the complaint of the Commission, the answer of respondent, testimony, and other evidence in support of and in 0l>~position to the allegations of said complaint taken before an exannner of the Commission theretofore duly designated by it, briefs file~ herein, and oral .arguments by counsel, and the Commiss~on having made. its findings as to the facts and its conclusion that said l'e~pondent has violated the provisions of the Federal Trade Comllllssion Act: .

It is ordered, That respondent, United Diathermy, Inc., its officers, representatives, agents, ancl employees, directly or through any cor- Porate or other device, in connection with the offering :for sale, sale, ~r distribution of an electrical device or apparatus designated as lJnited Short 1Vnve Diathermy," or any other device or apparatus of substantially similar character, whether sold under the same name or Under any other nmne, do :forthwith cease and desist :from directly Ot· indirectly disseminating or causing to be disseminated, by means of the United States mails, or by any means in commerce, as "comierce'' is defined in the Federal Trade Commission Act, any adver- ,,~e~ent concerning the electrical device or apparatus designated d' nited Short 'Vave Diathermy;" or disseminating or causing to. be . Disseminated any advertisement, by any means, for the purpose of lttducing, or which is likely to induce, directly or indirectly, the ~Urchase in commerce, as "commerce" is defined in the Federal Trade ,, 01llmission A.ct, of the electrical device or apparatus designated lTnited Short W' ave Diathermy," which adwrtisenwnt: 1. Represents, directly or through inference, that said device or apparatus is safe or harmless;

200 FEDERAL TRADE C.0!.IMISSION DECISION'S Order 85F.T.0· 2. Represents, directly or through' inference; that .said device or apparatus has any therapeutic value in the treatment of arthritis characterized by infection, bursitis where the condition is acute, !:iinus trouble in which there is a retention of pus, or any disease or condi· tion involving an acute inflammatory process; 3. Represents, directly or through inference, that said device or apparatus constitutes a competent ~r eff!lctive treatment for rheum~­ tism, arthritis, neuritis, bursitis, lumbago, sciatica, neuralgia, sinus trouble, or colds, or for the alleviation of puin resulting from any o£ . said disorders or ailments, unless such advertisement is specifically limited to those cases of such disorders or ailment which do not involve acute .inflammatory processes;

4. Fails to reveal clearly, conspicuously, and unequivocally that said device or apparatus is .not safe to use unless and until a corn· petent medical authority has determined as a result of diagnosis that the use of diathermy is indicated and has prescribed the frequency and rate of application of such diathermy treatments and the user has been thoroughly and adequately instructed by a trained techni· ciun in the use of such diathermy device or apparatus. . It i8 further ordered, That the respondent shall, within 60 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.

AGRICULTURAL INSECTICIDE & FUNGICIDE ASSO. Ell' AL, 201 Syllabus ·I, IN Tlie MA'ITER OF AGRICULTURAL INSECTICIDE & FUNGICIDE ASSOCIA- TION, ITS OFFICERS, DIRECTORS, AND MEMBERS, l ET AL.. I -~