2687. Misbranding of Infra-Red Heat Applicator.    U. S. v. 137 Cartons, etc.
(F. D. C. No. 26364.   Sample No. 29366-K.)
LIBEL FILED :    January 6, 1949, District of Colorado.
ALLEGED SHIPMENT : By Sibert & Co., from East Orange, N. J. The device was-
shipped on or about September 2, 1947, and quantities of printed matter were
shipped on or about June 1 and September 2, 1947.
PRODUCT : 137 cartons, each containing an Infra-Red Heat Applicator, together
with copies of leaflets entitled "The True Beauty Aid for All Women," "How
to Use It and Why," "Earn extra profits giving Therm-Massage Treatments,"
"Amazing New Scientific Invention," and "Customers go for," copies of a re-
print entitled "$200 Per Week Extra Profit," copies of a reprint from the Bos-
ton Post of April 28, 1947, copies of a reprint from the New York Times of
February 23, 1947, copies of a circular letter entitled "Specialty Sales Com-
pany," and copies of a display placard entitled "Therm-Massage Heat Appli-
cator."
Examination showed that the device consisted of two pieces of molded bake-
lite, one serving as the handle and the other containing an electrically heated
coil.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling of the article were false and misleading since the device would not
fulfill the promises of benefit stated and implied. The statements contained
in the above-mentioned printed matter represented and suggested that the de-
vice would be efficacious in the cure, mitigation, and treatment of rheumatic
pains, sore throat, arthritis, headaches, sinus, colds, muscular aches and pains
in the back, sprains and bruises, neuritis, neuralgia, rheumatism, stiff neck,-
cramps in the feet and legs, bursitis, muddy complexion, skin blemishes, and
stiff joints; and that the device would relax facial muscles, help prevent wrin-
, kles, ease aches and pains caused by a sluggish system, invigorate the entire
system, bring fresh food to nerves and tissues, stimulate the system to more vig-
orously fight disease germs, relieve pains of almost any kind, soothe tortured
aching nerves and muscles, arouse and stimulate the blood circulation to greater
activity, speed up the body process of carrying off the poisons of fatigue and.
waste matter, make stiff and aching muscles supple and free again, restore
circulation, and cause new life and blood to come to the tissues.
DISPOSITION : February 24, 1949. Default decree of condemnation and destruc-
tion.