2437. Misbranding of Cosmo-Light device.    TJ. S. v. Fred Gerkcy.   Plea of guilty.
Fine, $500.   (F. D. C. No. 24224.   Sample No. 70813-H.)
INFORMATION FILED : March 31,1948, Western District of Missouri, against Fred
Gerkey, Mission, Kans.
ALLEGED SHIPMENT : On or about November 15,1946, from the State of Missouri
into the State of California.
PRODUCT : Examination disclosed that the device consisted essentially of a high-
voltage transformer of the type used in neon signs, together with the wiring,
and a series of tubes constructed like neon tubes. The tubes were connected
with the terminals of the transformer in such manner that no current passed
through the tubes directly, but so that a small amount of current flowed be-
tween closely adjacent tubes, causing a slight illumination. The close prox-
imity of the tubes caused a corona discharge to take place betwreen them.
This discharge was responsible for the fizzing noise when the device was in
operation and for the production of ozone.
NATURE OF CHARGE:' Misbranding, Section 502 (a), certain statements in the
labeling of the device, including a circular entitled "Facts-Color-Ozone" which
was shipped prior to the device, and a leaflet entitled "Instructions" which was
shipped with the device, were false and misleading since the device would not
be efficacious for the purposes represented. The statements represented and
suggested that the device would be efficacious in healing and preventing dis-
ease and in the treatment of polio, sprained wrist, bladder trouble, prostate
ailments, colitis, lung trouble, pain in leg, blindness, arthritis, paralysis,
asthma, every kind of condition, and sinus trouble.
DISPOSITION: May 14, 1948. A plea of guilty having been entered, the court
imposed a fine of $500.