591. Misbranding of Hercules Congestors.    TJ. S. v. 5 Hercules Congestors Model
Regulator #500 and 6 Hercules Congestors Model Super 900. Default
decree of condemnation and destruction. (F. D. C. No. 5082. Sample No.
61021-E.)
On July 7, 1941, the United States attorney for the Western District of
Washington filed a libel against the above-named articles at Seattle, Wash.,
alleging that they had been shipped on or about May 26, 1941, by Holdfast
Truss Co. from Oakland, Calif.; and charging that they were misbranded.
Examination of samples showed that the articles consisted of a metal vacuum
pump and a large glass tube bearing at one end a soft rubber collar and closed
at the other end with a metal cap which was threaded to screw into the
pump.
The articles were alleged to be misbranded (1) in that the following state-
ments in a circular enclosed in each package by the dealer were false and
misleading, "Organ Developer. This developer removes all obstructions in the
organ, propels the blood rapidly through the disordered channels, and a quick
and favorable result follows. * * * This simple apparatus is called upon
to increase the lost energy and remove the loss of strength. * * * In most
cases results come in a short time, while others of long standing require the
patient use of the developer for five or six weeks"; and (2) in that the label
failed to bear the name and address of the manufacturer, packer, or distributor.
On September 29, 1941, no claimant having appeared, judgment of condem-
nation was entered and the product was ordered destroyed.