4038. Misbranding of Germaster device.   U. S. v. 49 Devices, etc.    (F. D. 0. No.
33305. Sample No. 33727-L.)
LIBEL FILED :   June 20, 1952, Northern District of Illinois.
ALLEGED SHIPMENT : On or about June 9, 1951, by Lee Products Co., Inc., from
Cleveland, Ohio.
PRODUCT : 49 Germaster devices and various accessories for use with the de-
vices, including small, graduated cups with pouring lip, filters in a cellophane
bag, directions for the mechanical operation of the device, and 4-ounce bottles
of a colorless liquid, at Chicago, 111., together with a sales manual entitled
"Germaster   The New Way to Say 'Germ Destruction with Glycol'."
The device consisted of a hollow plastic chamber containing a pad saturated
with a solution composed of 50 percent triethylene glycol, 1 percent dimethyl-
benzyl ammonium chloride, and 49 percent water. A stubby, hollow cylinder
projecting from the cover was provided for the entry of air, and long slots
were in the body for the exit of the air. The device containing the saturated
pad was to be attached to the exhaust end of a tanktype vacuum cleaner and
air blown over the saturated pad and out into the room.
NATURE OF CHARGE: Misbranding, Section 502 (a), the name of the device and
certain statements on the labels and in the above-mentioned sales manual ac-
ments represented and suggested that use of the device was effective to rid the
air of disease organisms and to prevent colds, mumps, influenza, whooping
cough, polio, measles, scarlet fever, tuberculosis, and all airborne diseases.
The device was not effective for such purposes.
DISPOSITION : June 30, 1953. Lee Products Co., Inc., claimant, having consented
to the entry of a decree, judgment of condemnation was entered and the court
ordered that the device be released under bond for relabeling under the super-
vision of the Department of Health, Education, and Welfare.