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United States v. Undetermined Quantities of Article of Device
United States District Court for the Western District of Michigan
Cases 83, 94/76 & 4, 15, 40/77,  ECR 1209 (1978)
The United States sought to condemn 32 tape recordings sold by Potentials Unlimited. The tapes claimed to use hypnosis to treat back pain, remove warts, and enlarge busts, among many similar claims. Potentials’ catalogue stated that the tapes worked “like magic” by “saturating the subconscious mind with positive suggestions.” At trial, Potentials argued that the tapes were not medical devices under the Food, Drug, and Cosmetic Act and that the messages contained on the tapes were protected by the First Amendment.
Rule of Law
Holding and Reasoning
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