3578 Misbranding of Exercycle device.   U. S. v. 5 Devices, etc.    (F. D. C. No.
28036.   Sample Nos. 46689-K, 46695-K.)
LIBEL FILED:    October 7, 1949, Western District of Pennsylvania.
ALLEGED SHIPMENT: On or about June 14 and September 22, 1949, the devices
were shipped in the name of the Exercycle Corp. of New York, from Hartford,
Conn., to Pittsburgh, Pa.; and on or about June 30, 1949, the Exercycle Corp.
of New York shipped from New York, N. Y., 200 copies of a large post card
entitled "Now you can Rent an Exercycle."
PRODUCT : 5 Exercycle devices at Pittsburgh, Pa., in the possession of the Exer-
cycle Co. of Pittsburgh, together with 200 large post cards and 200 small post
cards. Both sizes of post cards were entitled "Now you can Rent an Exer-
cycle." The Exercycle Co. of Pittsburgh caused 200 copies of the small post
cards to be printed locally.
Examination showed that the Exercycle was a device resembling a wheel-
less bicycle, operated by an electric motor to produce motion of the pedals,
seat, and handle bars.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
large and small post cards accompanying the device were false and misleading
since the device was not effective to accomplish the results stated and implied:
?* * * T0 ijeip reduce waist - hips - thighs and look years younger ! Helps
reduce waistline makes chest expansion more complete * * * aids in
relief of muscle soreness helps correct common form of constipation im-
proves circulation * * * improves posture * * * helps reduce hips,
thighs, buttocks * * * Exercycle is the easy way to help take off pounds
and streamline the figure so that it looks right in today's fashions * * *
After normal weight is reached, Exercycle helps keep you slender * * *
Excellent for helping correct constipation caused by sedentary habits. * * *
helps strengthen abdominal muscles * * * helps strengthen back
muscles    *    *    *."
The device was alleged to be misbranded when introduced into, while in,
and while held for sale after shipment in interstate commerce.
DISPOSITION : November 9, 1951. The Exercycle Co. of Pittsburgh, claimant,
having consented to the entry of a decree, judgment of condemnation was
entered and the court ordered that the devices' be released under bond for
relabeling, under the supervision of the Federal Security Agency.
TAINING AN ACCURATE STATEMENT OF THE QUANTITY OF THE
CONTENTS*