2806. Misbranding of Therm-Massage Infra-Red Heat Applicator. U.'S. v. 42
Cartons * * * (and 3 other seizure actions). (F. D. C. Nos. 26954,
26955, 26974, 27159.    Sample Nos. 3273-K, 41311-K, 41312-K, 51526-K.)
LIBELS FILED : March 24 and April 19 and 22, 1949, Northern District of Ohio,
Western District of Washington, and District of Maryland.
ALLEGED SHIPMENT: Between October 30, 1947, and March 9, 1949, by Sibert
& Co., from East Orange and Newark, N. J.
PRODUCT: 186 cartons at Cleveland, Ohio, 1,165 cartons at Seattle, Wash., and
9 cartons at Baltimore, Md. Each carton contained 1 Therm-Massage Infra-
Red Heat Applicator. There also were quantities of accompanying printed
matter, some of which had been shipped with the device and some of which had
been shipped separately. The printed matter consisted of circulars, leaflets,
and display cards entitled "Therm-Massage Infra-Red Heat Applicator," cir-
culars entitled "Sunday, Dec. 12, 1948" and "Abraham & Strauss Brooklyn
Sold Out in Three Hours," a newspaper mat entitled "Heat Massage Those
Pains Away," display cards entitled "Relieve Pain Quickly," leaflets entitled
"Earn Extra Profits" and "A Few Sales Results From Ads," and leaflets con-
taining various newspaper reprints.
Examination showed that the device consisted of two pieces of molded bake-
lite, one serving as the handle and the other containing an electrically heated
coil.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling of the device were false and misleading since the device was not
effective for the purposes represented. The statements represented and sug-
gested that the device was effective to relieve colds, sinusitis, rheumatic pains,
muscular aches and pains, backaches, toothaches, stiff neck, sore throat, pains
in back, headache, nervous headaches in the back of the head* discomfort and\
congestion, sprains, cramps in the feet or legs, bruises, arthritis, bursitis,
neuritis, and neuralgia; that the device would preserve youth and beauty;
and that it would aid in preventing the formation of wrinkles.
DISPOSITION : April 29, May 23, and June 15,1949. Bill Plackas, Seattle, Wash.,
claimant for the Washington lot, and Sibert & Co., claimant for the other lots,
having consented to the entry of decrees, judgments of condemnation were
entered. The court ordered that the devices be released under bond for
relabeling under the supervision of the Federal Security Agency.