In the Matter of the Complaint Against SOLARAMA, INC., 8609 Northwest Plaza Drive at Dallas, Texas 75225 P.S. Docket No. 3/70August 1, 1975
Herbert L. Stewart Administrative Law Judge
APPEARANCES: Thomas A. Ziebarth, Esq. Law Department Consumer Protection Office U. S. Postal Service Washington, D.C. 20260 for Complainant No appearance by Respondent
This is a proceeding by Complainant against Respondent under 39 U. S. Code 3005 which authorizes action against Respondent upon evidence satisfactory to the Postal Service that Respondent "is engaged in conducting a scheme or device for obtaining money or property through the mails by means of false representations."
Complainant alleges that Respondent is engaged in such a scheme in the sale of SOLARAMA (or SOLARAMA THERMAL BOARD s it is also called) by means of direct-mail advertising circulars which are calculated to inform prospective customers of the nature and availability of Respondent's product and to induce such persons to remit money through the mail. (Ex. 1, attached to Complaint). Specifically, Complainant alleges that Respondent represents, directly or indirectly, in substance and effect, whether by affirmative statements, omissions or implication:
(a) That the SOLARAMA (or SOLARAMA THERMAL BOARD as it is also called) is effective in the prevention, treatment, amelioration or cure of such diseases or conditions as:
(1) Arthritis,
(2) Bursitis,
(3) Back Ailments,
(4) Bed Sores,
(5) Cancer,
(6) Chronic Fatigue,
(7) Hemmorhoids,
(8) High Blood Pressure,
(9) Insomnia,
(10) Migraine,
(11) Nerves,
(12) Paralysis,
(13) Poor Circulation,
(14) Tension, and
(15) Many other ailments;
(b) That the SOLARAMA has been used by tens of thousands of people and is therapeutically effective for 99% of the persons who use it;
(c) That the use of the SOLARAMA can obviate the need for surgery;
(d) That the SOLARAMA is an amazing breakthrough in electronic therapy;
(e) That the SOLARAMA is an "electronic vitamin" which generates free electrons and brings all of the body's cells up from a dormant and semi-dormant state to an active state, restoring them to their natural vibrations and, therefore, to a healthy condition;
(f) That the use of the SOLARAMA will activate the body's cells and thereby slow down or reverse the discomforts and degenerations associated with the aging process;
(g) That the use of the SOLARAMA will cause the electronic reconstitution of human cells and cause many common ailments to disappear;
(h) That the SOLARAMA benefits a healthy person by helping the body to normalize itself; and
(i) That the SOLARAMA will also benefit plant life by promoting more rapid germination and growth, larger and healthier plants, and greater and more frequent crop yields.
Respondent, by letter of August 7, 1974, admitted advertising by mail but denied "conducting a scheme of obtaining money by means of false representations."
At hearing held herein Complainant presented testimony and documentary evidence. Three witnesses were called, a postal inspector who testified with regard to Respondent's solicitation to sell its product through the mail, a physicist whose testimony described the physical properties of the device in question, and a physician through whom medical analysis of Respondent's claims for Solarama Thermal Board was presented. Respondent did not appear and was not represented by counsel. At the close of the hearing a Motion for Oral Decision was denied and Complainant submitted oral proposed findings.
1. Respondent advertises its product, Solarama Thermal Board, representing such product to be of benefit in the relief of a variety of human ailments; will benefit a healthy person by helping the body to normalize itself; and will benefit plant life by promoting more rapid germination and growth, larger and healthier plants and greater and more frequent crop yields. (Comp. Ex. 4)
2. Respondent has solicited remittances of money through the United States mail (Comp. Exs. 8 and 9, Tr. 6).
3. It was the testimony of a qualified physicist that Solarama Thermal Board used by humans between the mattress and springs of a bed would produce no radiation and, in fact, might be dangerous as in he instance of very elderly people with urinary incontinence where the board would eventually get wet. Furthermore, any heat which might be emitted by the device would not penetrate a four inch mattress. (Tr. 17-18) In addition, use of the board could not have any significant effect on plant life. (Tr. 18-19)
4. Uncontroverted medical testimony advanced the position that use of the board would produce no curative effect or benefit except possibly in backache (Tr. 21-24); would have no therapeutic effect; would not obviate the need for surgery where it is otherwise indicated; and would not restore or reconstitute body cells (Tr. 22-23). It was stated to be the consensus of medical opinion that Solarama will not benefit a healthy person by helping the body to normalize itself as a healthy person is normal. (Tr. 23-24)
1. Respondent is engaged in conducting a scheme or device for obtaining money or property through the mails by means of false representations in violation of 39 U. S. Code 3005.
2. A remedial order in the form attached as provided in 39 U. S. Code 3005 should be issued.