5312. Home vibrator, wheat germ oil, Ver-A-Loe ointment, Papaya Rica, and
Kuba Kup.    (F. D. C. No. 39845.    S. Nos. 21-218 M, 57-974/7 M, 57-
979 M.)
INFORMATION FILED: 7-23-57, W. Dist. Mo., against Lloyd C. Shanklin, t/a
Harmony Health Foods & Juices, Kansas City, Mo.
ALLEGED VIOLATION: Between 8-20-56 and 8-22-56, the defendant made oral
representations regarding the purposes, conditions, and diseases for which the
articles were intended and caused a book entitled "Chemical Types of People
and Their Foods" to accompany the Ver-A-Loe ointment, Papaya Rica, and
Kuba Kup as labeling, which acts resulted in the articles being misbranded ,
while held for sale.
LABEL IN PART: "Model E Home Vibrator," "Wheat Germ Oil Hormones As
found in Wheat," "Ver-A-Loe Ointment * * * Contains Aloe-plant substance
* * * in a Petrolatum base," "Papaya Eica Made from fresh papayas * * *
Contains the pulp and juice, inverted papaya syrup, honey, citric acid, lemon
juice and natural flavor," and "Kuba Kup * * * Contents Papaya Juice Pine-
apple Juice   Sugar and Lime Juice."
CHARGE: 502 (a)-the above-mentioned book accompanying the Ver-A-Loe oint-
ment, Papaya Rica, and Kuba Kup, while such articles were held for sale, con-
tained false and misleading representations that the Ver-A-Loe ointment was
an adequate and effective treatment for stomach disorders, indigestion,
gastritis, ulcers, piles and hemorrhoids, fistulas, tumors, cancer, kidney
troubles, cataract, arthritis, external ulcers, stomach ulcers, colitis, diabetes,
burns, bruises, sprains, boils, swelling of the joints, eczema, and athlete's foot,
and that the Papaya Rica and Kuba Kup were adequate and effective treat-
ments for stomach disorders, indigestion, gastritis, ulcers, kidney troubles,
stomach ulcers, colitis, and eczema.
502 (f) (1)-the labeling of all of the articles failed to bear adequate
directions for use for the purposes, conditions, and diseases for which they
were intended, namely, (home vibrator) heart trouble, rheumatism, neuritis,
constipation, arthritis, gallstones, gallbladder trouble, spleen and pancreas
trouble, kidney trouble, headaches, and sinus trouble; (wheat germ oil) heart
trouble and improving the functions of the male and female regenerative or-
gans and glands; ("Ver-A-Loe ointment) bursitis, hemorrhoids, heart condi-
tions, and burns; (Papaya Rica) bursitis, headache, toothache, diabetes, and
to build up the heart: and (Kuba Kup) bursitis and to build up the heart.
PLEA :    Not guilty.
DISPOSITION :    The case came on for trial before the court and jury on 10-8-57,
and was concluded on the same day, with the return by the jury of a verdict
of guilty.
On 10-11-57, the court sentenced the defendant to serve 1 year in jail and
placed him on probation for 2 years, which was to begin at the end of the
imprisonment.