602. Misbranding of Tu-Way Massagers. U. S. v. IS Tn-Way Massagers. Default
decree of condemnation and destruction. (F. D. C. No. 6268. Sample No.
66325-E.)
This massaging device consisted of a series of rubber-covered disks, attached
to a handle, which were to be rolled over portions of the body. It would not be
efficacious to reduce weight or to stimulate the activity of the liver, as claimed in
the labeling.
On December 2, 1941, the United States attorney for the Northern District of
Illinois filed a libel against 15 Tu-Way Massagers at Chicago, 111., alleging that
the article had been shipped in interstate commerce on or about August 21, 1941,
by the Edw. W. Arnold Co. from Logansport, Ind.; and charging that it was
misbranded.
The article was alleged to be misbranded in that statements appearing in the
accompanying circular which represented that it was founded on an exact
scientific principle and would positively reduce the fat spots and beautify the
body and figure; that it would bring about a gradual fat reduction and cause
flabby fat to disappear; would break down the fat in a natural and healthful way;
would break down the fatty deposits so that they would be oxidized (burned up)
within the body, with the result that the residue would be carried away by the
blood stream and eliminated through the organs of elimination, leaving the flesh
more firm and solid; that it would be wonderfully soothing and strengthening to
tired, aching neck, and shoulders and would stimulate the circulation and relieve
congested or tight feeling often felt between the shoulders; that it would be
efficacious in correcting fleshy, corpulent, and pendulous abdomens; and would
stimulate activity of the liver; were false and misleading since it. would not be
efficacious for such purposes.
On January 21, 1942, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.