309. Misbranding of Oster Massagett.    V. 8. v. 12 Packages of Oster Massagett.
Default   decree   of  condemnation   and  destruction.    (F.  D.   C.   No.   1760
Sample No. 8077-E.)
This device was an electric motor so constructed as to vibrate when it re-
volved, and fitted with an attachment whereby it was clamped to the back
of the hand. Its labeling bore false and misleading representations regarding
its efficacy in the conditions indicated below.
On April 9, 1940, the United States attorney for the District of Minnesota filed
a libel against 12 of the above-named devices at Le Center, Minn., alleging that
the article had been shipped in interstate commerce on or about January 18,
1940, by the John Oster Manufacturing Co. from Racine, Wis.; and charging       ^
that it was misbranded.
The device was alleged to be misbranded in that its labeling bore representa-
tions that it would be efficacious for the development and preservation of good
health, that poor blood circulation is usually the cause of most physical ailments,
that sluggishness and congestion are due to poor blood circulation and bring
about disease; that it would stimulate blood circulation, eliminate congestion,
and banish localized pain caused by congested blood vessels pressing on sensitive
nerves; that it would bring good health and happiness; would give some relief
in the acute types of arthritis and delay the progress of chronic arthritis; that
proper functioning of the digestive organs is most essential in relieving arthritis
and that massage of the abdomen is recommended therefor; that the device
would eliminate the danger of overtraining and staleness in the grooming of
athletes; that it would be of great value in the treatment of sprains and bruises
by restoring the blood circulation on which healing depends; that it would ease
and relieve stiff joints and that adhesions in the joint would be gently separated^
that the daily application of the device to the bed-ridden patient would com-
pensate for the absence of the normal activities of life, would tend to allay
deformity arising from prolonged inactivity and the muscles from becom-
ing stiff, would stimulate the blood circulation and tone the nerves thus refreshing
and soothing the tired body, improving the color, appetite and sleep, and creating
greater contentment at being confined to bed; that the treatment would be effec-
tive in breaking up most forms of congestion and would help to bring about
relief in colds; that it would overcome lack of bowel tone and action and restore
normal activity of the bowels; that when applied to the abdomen accompanied
by gentle finger manipulation the Massagett treatment would penetrate deeply
into the stomach and intestines with sufficient force to help normalize the natural
functions of the digestive organs; that it would be efficacious in the treatment
of chronic constipation; that in cases of fatigue it would relieve strain, loosen
the tissues and joints, refresh the muscles and restore normal circulation; that
it would keep the gums firm and healthy, would be efficacious in mental fatigue
and headache, nervousness, insomnia and nerve prostration; that it would tend
to counteract nervous irritability which is usually present in those who have
been reducing by dieting without due precaution; that it would be efficacious in
the treatment of rheumatism by stimulating the nervous, glandular and elimina-
tory systems and that lumbago and neuritis would respond to its treatment;
that it had proven a boon to elderly people by contributing to their maintenance
of health by providing the needed exercise they lack due to their state of inac-
tivity ; that daily treatment with the device would promote a healthy scalp and
hair; that it would be an excellent aid to facial appearance and to muscle tone,
would cause the blood to circulate more freely, assisting in the elimination of
waste and supplying nourishment, thus toning the muscles and building up
the tissues, which representations were false and misleading since (he device
would not be efficacious for the purposes so recommended.
On May 31, 1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.