2388. Misbranding: of Cosmo-Light device.    U. S. v. 1 Device, etc.    (F. D. C. No.
22289.   Sample No. 70813-H.)
LIBEL FILED :   February 18,1947, Southern District of California.
ALLEGED SHIPMENT : On or about November 15, 1946, by Dr. Fred Gerkey, from
Kansas City, Mo.
PRODUCT: 1 Cosmo-Liffht device, together with two accessory applicators at
Glendale, Calif., and a leaflet headed "Instructions," which was shipped with
the device. The device consisted of tubes for producing colored lights similar
to the so-called neon lights, together with the electrical connections needed
to operate them.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling of the article were false and misleading, since they represented and
suggested that the device was effective when used as directed in the treatment
of asthma, every kind of a condition, nervousness, eye troubles, female diseases,
and sinus trouble. The article was not effective when used as directed in the
treatment of such conditions.
DISPOSITION : On April 3, 1947, an order was entered directing that the case be
removed for trial to the Western District of Missouri. On March 18, 1948,
the interveners withdrew their claim and answer, and on April 16, 1948, judg-
ment of condemnation was entered and the product was ordered delivered to
the Food and Drug Administration, for use as an educational exhibit.