2460. Action to enjoin and restrain the interstate shipment of a device referred
to as "The Master Cell," "Solar Crystal Matrix Battery," and "Master
Cell Matrix." V. S. v. John C. Brown, Gustave Goerner, Merrill Sampson,
Kenneth J. Gleason, and J. H. Gildard (The Goernersome Brownii Founda-
tion Cell Laboratories). Consent decree granting injunction. (Inj.
No. 202.)
COMPLAINT FILED : September 27, 1948, District of Massachusetts, against
John C. Brown, Gustave Goerner, Merrill Sampson, Kenneth J. Gleason, and
J. H. Gildard, as individuals and as associates under the name of The Goer-
nersome Brownii Foundation Cell Laboratories, doing business at Middleboro,
Mass.
NATURE OF CHARGE: That the defendants were introducing and delivering
for introduction into interstate commerce a device consisting of a concrete
disc made of sand, cement, and water containing the common protozoan Para-
mecium, and referred to as "The Master Cell," "Solar Crystal Matrix Bat-
tery," and "Master Cell Matrix." The device was misbranded within the
meaning of Section 502 (f) (1), in that its labeling failed to bear adequate
directions for use since the labeling bore no directions for use in all condi-
tions for which the device was intended to be used and for which it was
prescribed, recommended, or suggested in oral representations made by or
on behalf of the defendants, namely, as a preventive and treatment of respira-
tory and intestinal diseases of poultry and a general treatment of diseases
in man and lower animals.
PRATER OF COMPLAINT: That the defendants be perpetually enjoined from
commission of the acts complained of.
DISPOSITION: October 1, 1948. The defendants having consented to the en-
try of a decree, the court issued an order enjoining them from directly or in-
directly introducing or delivering for introduction into interstate commerce
the device in question, which was misbranded within the meaning of Section
502 (f)   (1).