3138. Action to enjoin and restrain the interstate shipment of a device known
as Radiant Ozone Generator.   U. S. v. J. C. Gage (Ozone Clinic).   Con-/
sent decree granting injunction.    (Injunction No. 213.)  ~J?9 ~-?? *? ? *f->
COMPLAINT FILED : April 19, 1950, Western District of Missouri, against J. C.
Gage, trading as the Ozone Clinic, Kansas City, Mo.
NATURE OF CHARGE : That the defendant had been and was at the time of filing
the complaint, introducing and delivering for introduction into interstate
commerce a device known as Radiant Ozone Generator, consisting of an elec-
trical transformer, the primary lead of which was intended to be connected to
an alternating current supply and each terminal of the secondary lead con-
nected to one end of a series of gas-filled tubes similar to the so-called neon
lights.
The device was alleged to be misbranded within the meaning of Section
502 (a), by reason of false and misleading statements in the labeling. The
labeling included leaflets entitled "The Radiant Ozone Generator" and "How
to Use the Radiant Ozone Generator For the Best Results at Home" and
twenty-eight mimeographed pages of testimonials.
Certain statements in the labeling represented and suggested that the device
would produce ozone, rays, color, and vibration, which, it was claimed, are the
four essential things for health; that the device would relieve suffering from
many incurable diseases, destroy all germs and bacteria, deodorize and purify
the air, and purify the blood and rejuvenate the entire body; that the device
would ozonize the body and assist one in getting the best results for various
diseases; that it would revitalize the body; that it would be effective in
aborting flu and pneumonia, maintaining and restoring health and strength,
cleansing the blood, scattering blood clots, and killing germs in the blood;
and that the device would be effective in the treatment of arthritis, asthma,
anemia, cancer, diabetes, sinus infections, pneumonia, rheumatism, piles, vari-
cose veins, neuritis, colds, tonsillitis, sore throat, headache, stomach ache, tooth-
ache, earache, indigestion, fever and grippe, angina, diphtheria, mumps, whoop-
ing cough, bladder disorders, eye trouble, catarrh, heart trouble, hay fever,
liver trouble, prostate gland trouble, colitis, constipation, paralysis, rheuma-
tism, ulcers, sores, sprains, tuberculosis, mastoid ear, throat troubles, chicken-
pox, cancer of the breast, inflammation of the kidneys, neuralgia, disease caused
by impure blood, ailments caused by poor circulation, enlarged heart, cataract,
? bronchial asthma, appendicitis, weakened run-down condition, sciatic rheuma-
tism, and partial paralysis. The device when used in the manner suggested
in its labeling, or in any other manner, would not be effective in the treatment
of any of the diseases, or for the purposes, stated in the labeling.
The complaint alleged also that the false and misleading nature of the
labeling of the device was aggravated by reason of the fact that the labeling
recommended the device for the treatment of various incurable and serious
diseases, such as cancer and diabetes, with the leaflet "How to Use the Radiant
Ozone Generator For the Best Results at Home" specifically stating: "Do'
Not Use Medicine in Any Form When Using The Ozone Generator. This
Means The Entire Time," whereas, if the device were used as suggested to the
exclusion of any medicine, particularly in treating the incurable and serious
diseases for which it was recommended, the health of the user would be
seriously and permanently impaired, and death, as well as unbearable suffer-
ing, may well be the result.
The complaint alleged further that unless restrained, the defendant would
continue to introduce and deliver for introduction into interstate commerce
the misbranded device.
PRAYER OF COMPLAINT: That the defendant be perpetually enjoined from com-
mission of the acts complained of, and that a preliminary injunction be granted
during the pendency of the action.
DISPOSITION : April 19,1950. The defendant having consented to the entry of a
decree, the court issued an order permanently enjoining the defendant from
directly or indirectly introducing or delivering for, introduction into inter-
state commerce, the device in question or any similar device which was mis-
branded within the meaning of the Federal Food, Drug, and Cosmetic Act.
DRUGS FOR VETERINARY USE