Ultra-Violet Products, Inc. v. Federal Trade Commission

Petitioner seeks to set aside an order of the Commission prohibiting it from using in its advertising certain statements regarding the effect of its cold quartz lamp, called “Life Lite,” emitting certain rays which the advertising claims produce certain beneficial effects when directed against the human body. The jurisdiction is conceded and we may review and to the extent that the order of the Commission is affirmed we may give our own order commanding obedience to the terms of such order of the Commission, Federal Trade Commission Act, § 5(c), 52 Stat. 113 , 15 U.S.C.A. § 45 (c).

A. The first order complained of is to desist from advertising that Life Lite “affords benefits to the skin or to the general health of the user comparable to those afforded by natural sunlight.”

The Commission’s experts testified and its brief admits that Life Lite’s rays produce in the fat-like sterols beneath the surface of the skin vitamin D which is carried through the body to the bones and aids if not cures rickets. So also do the sun’s rays. A little over ten percent of Life Lite’s rays are in the lower rays of the sun’s spectrum. The remaining rays are below those of the sun. There is no…

(dissenting in part).

Here for review is an order 1 of the Federal Trade Commission that petitioner, Ultra-Violet Products, Inc., in connection with the offering for sale, sale or distribution of petitioner’s therapeutic lamp known as Life Lite, or any other lamp of substantially similar construction, whether sold under the name or any other name, do forthwith cease and desist from directly or indirectly:

The order was issued in a proceeding by the Commission against petitioner under § 5(b) of the Federal Trade Commission Act, 15 U.S.C.A. § 45 (b), and was based on findings to the effect that petitioner was engaged in the business of selling and distributing its lamp in commerce ; 3 that, in the course and conduct of its business, petitioner disseminated advertisements, by United States mails and by other means, in commerce and otherwise, for the purpose of inducing, and which were likely to induce, the purchase of its lamp, in commerce and otherwise; that the advertisements made the representations mentioned in paragraphs 1(a) to l(n) of the order; 4 that the representations were misleading; that the advertisements failed to reveal *819 the facts mentioned in paragraph 2 of the…