2139. Misbranding of Vapo-Path (device). U. S. v. * * * and various appli-
ances and literature (and 1 other seizure action). (F. D. C. Nos. 19694,
19957.    Sample Nos. 3000-H, 53208-H.)
LIBELS FILED : April 18 and May 25, 1946, District of Columbia and Western
District of Kentucky.
ALLEGED SHIPMENT : On or about October 29, 1945, and February 19, 1946, by
the Consolidated Manufacturing Co., from Dayton, Ohio.
PRODUCT: 1 Vapo-Path (device) with appliances and various drugs and a
number of leaflets entitled "Be a Millionaire In Your Home Town" and book-
lets entitled "Vapo Path Must Be Good" at Washington, D. C.; also 1 Vapo
Path (device) with similar appliances and drugs and a number, of booklets
entitled "Vapo Path Must Be Good" at Murray, Ky.
^The device consisted of an electric- or gas-heated, thermostatically-con-
trolled generator and the following appliances: Bath cabinets, metal and
canvas masks, enamel and metal foot and leg baths, metal hoods for apply-
ing vapor locally to the body, plumbing connections and fittings, and a trough
to collect condensed vapors. With the outfit seized at Washington, D. C, were
2 electrically-heated vaporizers called "Vapo Aids." The drugs contained
minerals and volatile substances.
Steam produced in the generator would pass over various plates contain-
ing the drugs, and it was alleged in the labeling that the steam would
"Steam Distill" the drugs. The appliances were for the purpose of apply-
ing this steam to the part to be treated. The vapors would become perme-
ated with some of the volatile substances, principally naphthalene, but would
contain no minerals.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the ac-
companying leaflets entitled "Be a Millionaire In Your Home Town" and the
booklets entitled "Vapo Path Must Be Good" were false and misleading. These
statements represented and suggested that the device and the drugs would
be effective for arthritis, diabetes, poor elimination, poor circulation, lack
of minerals in the body, illness, abscess on the lung, continuous cough, sleep-
lessness, loss of weight, rheumatism, disease of the stomach and kidneys, bad
heart conditions, muscular rheumatism, accumulation of poisons in the system,
improper elimination, inflammatory rheumatism, nervousness, stiff joints,
melancholia, blood poisonings, swelling of eyes, hands, and knees, infection
of the sciatic nerve, acidosis, rash, abscesses, high and low temperatures, decay
of the jawbone and sinus, poison in the system, slow kidney action, acid condi-
tion, lazy liver, bloating, hay fever, incurable, hopeless, and serious physical
conditions, illness in general, numerous conditions of almost every description,
and whatever is wrong. The statements in the labeling represented further
that the articles would be effective for straightening out the difficulties with
which the human system may be struggling, would supply those elements in
which the body may be deficient, would attack the basic cause of the vast
majority of ailments, and would be effective to prevent serious illness, correct
improper conditions, keep one fit, buoyant, and in good health, supply beneficial
mineral fumes, and correct deficiencies of the human system. The device and
drugs would not be efficacious for the purposes represented and suggested.
DISPOSITION : August 16 and November 13,1946. Vapo Path, Inc., Dayton, Ohio,
having appeared as claimant in both actions, and Miss Frances Bradley having
appeared also as claimant in the Kentucky action, and the claimants having
consented to the entry of decrees, judgments of condemnation were entered
and the articles were ordered released under bond to be destroyed or brought
into compliance with the law, under the supervision of the Federal Security
Agency.