2185. Misbranding of Pierce's Slant Health Board.   U. S. v. Charles Merritte Pierce
(Pierce's  Slant Health Board).    Plea of nolo contendere.    Fine, $10O;
defendant placed on probation.    (F. D. C. No. 21425.   Sample No. 20516-H.)
INFORMATION FILED : December 5, 1946, Southern District of California, against
Charles Merritte Pierce, trading as Pierce's Slant Health Board, at Burbank,
Calif.; amendment filed April 14, 1947.
ALLEGED SHIPMENT : On or about February 19,1946, from the State of California
into the State of Missouri.
PRODUCT: This device consisted of an exercise board 1? feet wide by 6 feet
long, padded and covered with colored awning material. There was a strap
across one end to hold the feet, and there were legs at the strap end which
raised one end of the board. While exercising, the user reclined on the board,
with the head at the lower end.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in a cir-
cular entitled "Three in One" and in letters entitled "To the Doctors" and
"My Dear Friend," accompanying the article, were false and misleading. These
statements represented and suggested that the device would be efficacious to
combat wear and tear in the body, to build the body, to rest the overworked
heart, and to pull up, strengthen, and keep the organs in place; that it would
enable the user to keep fit and to renew vigor; that it would be efficacious to
revitalize the cells of the body and awaken the blood stream to renewed
activity; that it would get the waste out of the body, renew animation, and
give the user the spirit to keep going, and live naturally and healthfully; that
it would add years to life, improve the health of the user, and generate elec-
tricity and lactic acid, resulting in a source of great power and strength in
the human body; that it would furnish energy and normalize the blood pres-
sure, enable the healthy person to stay well and the sick person to get well,
be efficacious as a cure for brain anemia, and stimulate and feed the brain and
nerve centers. The device would not be efficacious for the purposes repre-
sented.
DISPOSITION : August 18, 1947. A plea of nolo contendere having been entered,
the court imposed a fine of $100 and placed the defendant on probation for 1
year, conditioned upon his compliance with all laws and specifically upon his
compliance with the law in regard to the branding of this device and other
similar products.
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