4339. Misbranding of electric massager.   U. S. v. 18 Cartons, etc    (F. D. C. No.
34674.    Sample No. 37509-L.)
LIBEL FILED :   February 19,1953, District of New Jersey.
ALLEGED SHIPMENT: On or about October 31, 1952, by the Republic Electric
& Mfg. Corp., from New York, N. Y.
PRODUCT: 18 cartons, each containing 36 de luxe models, and 36 cartons, each
containing 36 standard models, of electric massagers at Newark, N. J. The
device consisted of a small electric motor in a metal case with a rubber suc-
tion-type attachment that would vibrate. The de luxe model of the device had
an anodized aluminum case, and the standard model had a case which ap-
peared to be chrome plated.
LABEL, IN PART: (Device) "Electric Massager, 110-120 V, 50-60 cycle, 116
amps?14 watts."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in a
leaflet entitled "Reduce?Keep Slim at Home * * * Use Electric Spot Ren
ducer," which was shipped with the device, were false and misleading. The
statements represented and suggested that the device was effective to reduce
and keep one slim and to cause the removal of fat from a part or area of the
body.   The device was not effective for such purposes.
DISPOSITION : Joseph J. Pinkus, Newark, N. J., appeared as claimant and filed
an answer denying that the device was misbranded. A set of written inter-
rogatories was served thereafter upon the claimant by the Government. The
claimant failed to answer the interrogatories, and on April 9, 1954, the court
entered a default decree of condemnation and destruction. On April 27,1954,
an amended decree was entered providing for the delivery of 6 devices to the
the Food and Drug Administration.