4190. Misbranding of Magnetic Ray belt.   U. S. v. 5 Devices, etc.    (F. D< C.
No. 35293.   Sample No. 59163-L.)
LIBEL FILED:   June 11,1953, Southern District of Florida.
ALLEGED SHIPMENT: On or about April 29, 1953, from Coppell, Tex., by F. B.
Moran, doing business as the Magnetic Ray Co.
PRODUCT : 5 unlabeled devices known as Magnetic Ray belt at St. Petersburg,
Fla., in the possession of F. H. Squire, together with a number of testimonial
letters accompanying the devices. The device consisted essentially of a cir-
cular coil of electric wire, with an electric plug attachment for plugging into
 the house current.
NATURE OF CHARGE: Misbranding, Section 502 (a), the labeling of the device,
namely, the above-mentioned testimonial letters which were used by F. H.
Squire to promote the sale and rental of the device, contained statements
? which were false and misleading. The statements represented and suggested
that the device provided an adequate and effective treatment for headache,
insomnia, impaired heart action, constipation, abnormal blood pressure,
paralytic stroke, bad veins, epilepsy, tumors, lumbago, asthma, hardening of
the arteries, arthritis, varicose veins, and tonsillitis. The device did not pro-
vide an adequate and effective treatment for such conditions. The device was
misbranded in the above respects while held for sale after shipment in inter-
state commerce.
Further misbranding, Section 502 (b) (1), the device failed to bear a label
; containing the name and place of business of the manufacturer, packer, or dis-
tributor; and, Section 502 (f) (1), the device, when introduced into interstate
' commerce, was intended for use in the cure, mitigation, and treatment of dis-
: ease in man, and it neither bore nor was accompanied by labeling bearing ade-
quate directions for use since it had no labeling. The device was misbranded
in these respects when introduced into and while in interstate commerce.
DISPOSITION :   September 30,1953i   Default decree of condemnation.  Tb,e court
ordered that the devices and testimonial letters be delivered to the Food and
, Drug Administration.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF DEVIATION
FROM OFFICIAL OR OWN STANDARDS