The Food and Drug Administration has missed its deadline to ban the electrical stimulation device (ESD) used as behavior modification on autistic and developmentally disabled individuals, sparking outrage from the Citizens Commission on Human Rights International (CCHR). The device, which delivers shocks more painful than a commercial stun gun, has been described as torture by United Nations officials and condemned by the American Academy of Pediatrics.
Congress enacted a law in 2023 to give the FDA authority to ban the device, and the agency proposed a ban in March 2024. However, the ban has not been finalized. CCHR President Jan Eastgate said the delay reflects a failure to safeguard the public from both ESDs and electroconvulsive therapy (ECT) devices.
Survivors report that the shocks cause terror and extreme pain. Electrodes attached to the arms, legs, or stomach deliver 60 volts and 15 milliamps of electricity in two-second bursts, sometimes up to 77 times a day. According to the FDA, potential harms include severe pain, skin burns, trauma, tissue damage, suicidality, and chronic stress. One survivor testified: "I would ask God to make my heart stop because I did not want to live when that (electric shock) was happening to me."
In 2012, the case of Andre McCollins made national news when footage showed he was shocked 31 times in one day for refusing to take off his coat. During his ordeal, Andre cried out, "Please stop, please stop." The practice has been described as torture by UN officials and as punishment by the American Academy of Pediatrics.
After Congress enacted a provision giving the FDA authority to ban the device, in March 2024, the agency issued a new rule to ban it. FDA Proposes New Ban of Electrical Stimulation Devices for Self-Injurious or Aggressive Behavior. American Academy of Pediatrics President Benjamin Hoffman warned that using ESDs to deliver high-voltage shocks to patients exhibiting self-injurious or aggressive behaviors placed recipients at high risk for both physical and psychological traumas, and noted the device could exacerbate the very behaviors it aims to correct.
CCHR submitted comments supporting a comprehensive ban on all behavioral use. Over 100 advocacy groups, including the Stop the Shock Coalition, have consistently pushed for the ban. In 2007, Mother Jones exposed abuses at a Massachusetts facility using the device and charging $220,000 per student annually. The School of Shock reported that eight states and New York City had been sending children to the facility, for which New York paid $30 million per year. Six children had died in the facility's care.
In 2012, UN Special Rapporteur Juan Mendez declared the practice should end, stating: "The passage of electricity through anybody's body is clearly associated with pain and suffering." In 2022, CCHR urged Massachusetts legislators to ban the practice under torture statutes rather than waiting for the FDA. New York State Senator Jabari Brisport stated, "No facility that thinks it's acceptable to electro-shock children can be trusted with their care."
Nancy Weiss, a retired professor and longtime advocate, emphasized: "You're not allowed to use electric shock on prisoners or prisoners of war or convicted terrorists." She warned that the ban will face resistance from those profiting from the device. In October 2023, the World Health Organization and UN Office of the High Commissioner for Human Rights guideline called for an end to structural violence and harm exercised through mental health laws.
Eastgate says electroshock practices exemplify this: "The cruel practice needs to end, not only in Massachusetts but universally, and include all electroshock. There is an urgent need to prioritize human rights and dignity over damaging and coercive psychiatric and psychological practices." CCHR, established in 1969 by the Church of Scientology and Dr. Thomas Szasz, has led global initiatives to end electroshock treatment, obtaining bans on its use on minors in California and Texas.
