Summary

United States v. Urbuteit (335 U.S. 355…

Respondent Urbuteit terms himself a naturopathic physician and conducts the Sinuothermic Institute in Tampa, Florida. The machines against which the libel was filed are electrical devices allegedly aiding in the diagnosis and cure of various diseases and physical disorders such as cancer, diabetes, tuberculosis, arthritis, and paralysis. The alleged cures effected through its use are described in the allegedly false and misleading leaflet, 'The Road to Health,' published by Urbuteit and distributed for use with the machines.
Source: Wikisource

United States v. Urbuteit (335 U.S. 355…

Measured by functional standards, as § 201 (m) (2) of the Act, 21 U.S.C.A. § 321 (m) (2) , permits, these leaflets constituted one of the types of labeling which the Act condemns.
The power to condemn is contained in § 304 (a) and is confined to articles 'adulterated or misbranded when introduced into or while in interstate commerce'. [1] We do not, however, read that provision as requiring the advertising matter to travel with the machine.
Source: Wikisource

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