3318. Misbranding of plastic suits.   U. S. v. 488 Cartons   *    *    *.   (F. D. C. No.
29404.    Sample No. 81210-K.)
LIBEL FILED :    July 18, 1950, Eastern District of Pennsylvania.
ALLEGED SHIPMENT :    On or about April 12 and 24 and May 4,1950, by the Advance
Mfg. Co., from Mount Vernon, Ind.
PRODUCT: 488 cartons each containing a plastic suit and a copy of a circular
entitled "Fashion Form" at Philadelphia, Pa. Examination showed that the
suit was a coverall made of plastic, with elastic bands at wrists, ankles, and
neck.   It was to be worn to induce perspiration.
LABEL, IN PART:    (Carton)  "Fashion Form   Style 3800   Color Clear."
NATURE OF CHARGE: Misbranding, Section 502 (a), the following statements in
the labeling of the device were false and misleading: (Carton) "Fashion
Form" and (circular) "Fashion Form * * * An aid to reducing * * *
You may find your health improved * * * your Fashion-Form is not only
an aid to losing weight but also contributes to your general health by inducing
perspiration." Such statements represented and suggested that the device
when used as directed was effective for bringing about a reduction of body
weight, resulting in improved health and fashionable form, whereas the device
was not capable of fulfilling such promises of benefit.
DISPOSITION: October 9, 1950. Sears, Roebuck & Co., Chicago, 111., claimant,
having consented to the entry of a decree, judgment of condemnation was
entered and the court ordered that the devices be released for relabeling, under
the supervision of the Federal Security Agency.
DRUGS FOR VETERINARY USE