218. Misbranding- of foot exerciser. U. S. v. 70 Retail Packages of H&H Foot
Exercisers.    Default decree of condemnation and destruction.     (F. D. C.
No. 2157.   Sample No. 16801-E.)
This article consisted of a wooden roller. Its labeling bore false and misleading
representations regarding its efficacy in the conditions indicated below.
On or about June 7, 1940, the United States attorney for the Western District
of Missouri filed a libel against 70 retail packages of H & H Foot Exercisers at
Kansas City, Mo., alleging that the article had been shipped in interstate commerce
on or about April 29, 1940,. by the Hussmann-Holmes Co. from El Paso, Tex.;
and charging that it was misbranded.
The article was alleged to be-misbranded in that the labeling bore representa-
tions that it was efficacious in the treatment of weak arches, flat feet, metatarsal
trouble, burning calluses, "chronic leg muscle," and limitations of foot motion;
that it would regenerate the nerves, develop strength in "the muscles and flexibility
in the joints; would strengthen weak ankles and other ankle disturbances, such
as swelling, enlargement and strain due to trauma, would oxidize the fat around
the ankle by breaking up the fat cells, would relieve fatigue for persons wlio
stand for long periods, and would relieve cold feet, the result of poor circulation,?i
that all suffering from such conditions is needless and is easily relieved by the
device; that it would eradicate foot suffering, would produce vim, vigor, and
new energy, and replace weariness and pain; that it would enable one to enjoy
improved health, -greater comfort, a finer and sweeter personality and a new ibody "
by spending a few minutes and a little patience each day with the device; that foot
comfort means bodily comfort and health.;, that mpst body .ailments are caused
by bad feet and that ho other part of the body can affect the general health^ as
much as the feet; that when the feet hurt it is often nature's signal of something
worse to come and that aching feet may be nothing to what may follow if the
trouble is hot corrected; that the device would relieve-most pains quickly; that
when the muscles are weakened or bones displaced, even slightly, trouble is sure
to follow; that headaches, backaches, leg pains, nervous conditions, and other
ailments can often be traced to simple foot faults, and that when these are
corrected the pain disappears; that the device was a most remarkable contri-
bution for-relief of foot ailments, that it was a health-building appliance, built
on scientific and orthopedic principles incorporating all exercises for feet; that it
was the same principle used for correcting flat feet and weak arches in concentra-
tion camps during the war; that it would relieve the three main causes of foot
trouble, tension in joints, strain on muscles, and limitation of foot motion; that
if the feet were normal it would keep them in perfect condition, that the con-
dition of the general health depends on the attention given the feet, and that
most foot troubles can be avoided by preventive measures; that if the foot muscles
grow weak and allow the arches to fall, there is pressure on sensitive nerves caus-
ing pains as severe as rheumatism, backaches, headaches, that the sight is af-
fected and curvature, neuritis, arthritis, and many other ailments result; that
when the system is suffering from fatigue, the heart is working overtime; that the
feet being most remote from the heart do not receive their quota of blood and
become cold, clammy, and that the supporting structures (muscles and ligaments)
are deprived of their normal amount of heat necessary to function, and that dis-
locations and deformities often result; that the device would hasten the return
to normalcy by restoring circulation and muscle tone to feet and legs; that
conditions related to faulty foot posture which would be relieved by correct foot
balance are:  (Neck and head) stiff neck, headache, congestion, strain, localised
pain, neuritis; (spine and: pelvis) nervousness, postural defects, sway back, round
shoulders, arthritis, rheumatic pains, compaction of spine, lumbosacral strain,
sacro-iliac strain, neurasthenia, muscle spasm, flexible curvature, musele-joint
strain, myositis, "twisted pelvis," unlevel hips, Unlevel shoulders, neuritis, promi-
nent shoulder blades; (thigh and calf) cramps, muscular pains, rheumatic pains,
sciatica, contracted ham strings, varicose veins, stiffness on arising, excessive
tiredness from walking or standing, swelling and congestions; and (ankle and
foot)  arthritis, rheumatic pains, flat feet, pronation, muscle unbalance, fallen
arches, chronic strain, acute strain, swollen ankles, weak ankles, painful heel,
"Morton's Toe," corns, bunions, excessive perspiration, burning feet, cold feet,
numbness, ingrowing nails, hammer toes, muscle cramps, splay foot, contracted
foot, defective gait, clumsiness, stiffness on arising, strain of heel cord, shortened
heel cord, "Shaffer's foot," bony subluxations, muscle-joint strains, retracted
toes, rigid joints, plantar neuralgia, pointed toes, rotated heel, inverted ankles,
varicose veins, and calluses; that cold, clammy, sweaty feet, tired and aching
muscles, and many cases of so-called rheumatism are nothing but nerve pres-
sure caused by ill feet; that the device would gently force bones and ligaments
back into place, relax tired muscles, stimulate circulation, and build up the arches;
that it was beneficial for convalescing patients who have had crushing injuries
to the feet or bad sprains of the foot muscles and tendons, also for invalids who
have been confined to bed for long periods; and that it would aid in restoring
articular motion to the feet, which representations were false and misleading
since the device was not efficacious for the purposes recommended.
On August 31, 1940, no claimant having appeared, judgment of condemnation?V
Was entered and the article was ordered destroyed.