392. Misbranding of Vibratherm. U. S. -v. 17 Retail Packages of Vibratherm.
Default decree of condemnation and destruction. (F. D. C. No. 2176. Sample
No. 4032-E.)
The labeling of this product bore false and misleading representations regarding
its efficacy in the conditions indicated hereinafter.
On June 7, 1940, the United States attorney for the Eastern District of Mich-
igan filed a libel against 17 packages of Vibratherm at Ferndale, Mich., alleging
that the article had been shipped in interstate commerce on or about April 29
and May 10, 1940, by Vitaphore Appliances, Inc., from South Bend, Ind.; and
charging that it was misbranded.
Examination showed that the device was a black plastic cylindrical appli-
cator with electrical connections so constructed as to enable one to apply heat
and vibration to any portion of the body desired.
The article was alleged to be misbranded in that its labeling contained repre-
sentations that it was efficacious in the treatment of pelvic infection including
endometritis, simple cervicitis, chronic proctitis, colitis, and chronic salpingitis;
that it was efficacious in the treatment of prostate trouble, including nervousness,
irritability, inability to sleep soundly, melancholia, pain in the crotch and rec-
tum, frequent and painful urination, a tense feeling of the bladder and rectum,
severe, intense pain in the back, loins and thighs, decreased flow of urine;
that it was efficacious to dilate the blood vessels, and relax the muscles; would
reduce inflammation and relieve congestion; would be efficacious to stimulate
the tissues, and assist in solution of prostate gland trouble; and would be effi-
cacious to bring satisfactory relief and comfort, which representations were
false and misleading since it would not be efficacious for such purposes.
On September 16, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.