2344. Misbranding of Thermapax device.   U. S. v. Duval B. Jackson.   Plea of nolo
contendere.    Sentence of 30 days in jail and fine of $200.     (F. D. C. No.
23251.   Sample Nos. 21995-H, 21996-H.)
INFORMATION FILED : December 29, 1947, Northern District of Indiana, against
Duval B. Jackson, Memphis, Tenn.
ALLEGED SHIPMENT : On or about February 27 and March 12,1946, from the State
of Indiana into the States of Tennessee and Kentucky.
PRODUCT : Examination showed that the device was a cap-shaped metal shell con-
taining insulated wire. When connected to a source of electric current, it
produced heat and was surrounded by a magnetic field.
LABEL, IN PART :    "Thermo-Magno-Ray Thermapax Health Applicator."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in accom-
panying circulars entitled "Magnetic Rays A Powerful Factor in Restoring
and Preserving Health," which were delivered to the consignees of the device
on or about February 27 and March 7, 1946, were false and misleading. These
statements represented and suggested that the device would be efficacious in
restoring and preserving health; that it would produce health giving rays;
that it would be efficacious in the treatment and prevention of human ills
and would accomplish brilliant results in the treatment of disease; that it
would be efficacious in the cure, mitigation, and treatment of electrical defi-
ciency in the blood, autointoxication, myriad manifestations of toxemia, most
chronic ailments, and many acute conditions; that it would keep the white
cells active in fighting disease organisms in the blood stream; that it would
energize the body tissue and normalize metabolism processes; that it would
enable one to have more energy, more life, and more pep; that it would induce
activity in the circulatory system; that it would stimulate natural vital
processes; that it would promote elimination of waste; that it would strike
at the underlying cause of disease; that it would set antitoxic and eliminative
forces and organs to work, would enable them better to perform their func-
tions, and would cause all the life forces to work towards health; that it
would provide renewed health and vigor; that it would increase the power of
the body to rid itself of the waste matter and poisons which clog the cells
and blood stream more and more with advancing years; that it would be
efficacious in the cure, mitigation, treatment, and prevention of faulty elimina-
tion of poisons which result from abnormal activities of the organs, tissues,
and cells of the body; that it would be efficacious in preventing the absorption
of poisons produced by putrefactive changes in the intestinal contents; that
it would be efficacious in overcoming the effects of poisons from infected teeth,
tonsils, and sinuses, and the effects of infections such as colds, influenza, and
pneumonia; that it would be efficacious in the cure, mitigation, treatment, and
prevention of toxemia resulting from overeating, improper diet, overindulgence
in cigarette smoking, worry, fear, coffee drinking, and alcohol; that it would
influence favorably the fundamental activities of the body such as circulation,
elimination, digestion, nutrition, and metabolism; that it would be efficacious
in developing and maintaining a state of exuberant health; that it would be
efficacious in keeping one physically and mentally fit; and that it would be
efficacious in the cure, mitigation, and treatment of asthma, arthritis, sinusitis,
light and heavy colds, "strep" or sore throat, acute bronchitis, pleurisy, lum-
bago, acute pains and aches due to influenza, pain in the appendix area, en-
larged or inflamed prostate, painful and difficult menstruation, steptococcus
and staphylococcus infections, chronic sinus conditions, pains in the area of
the sinuses and shoulders due to infected teeth, digestive distress caused from
gas, high blood pressure, tic douloureux trifacial neuralgia, impotence in men,
ovarian distress, bleeding external hemorrhoids, and diabetes. The device
would not be effective for the purposes, and would not fulfill the promises of
benefit, stated and implied.
Procedure, the case was transferred to the Western District of Tennessee for
the entry of a plea and sentence. On February 18,1948, the defendant entered
a plea of nolo contendere and received a sentence of 30 days' imprisonment
on each of the 2 counts of the information, to run concurrently, and was fined
$100 on each of the 2 counts.