2949. Misbranding  of  Roll-A-Ray  (device).   tJ.   S.   v.  133   Cartons    *    *    *.
(F.D.C. No. 26948.    Sample No. 8623-K.)
LIBEL FILED :   March 23, 1949, Eastern District of New York.
ALLEGED SHIPMENT : On or about February il, 1948, by the O. A. Sutton Corp.,
from Wichita, Kans., to New York, N. Y., and thereafter on or about November
10, 1948, to Long Island City, N. Y.
PBODTJCT: 133 cartons each containing 1 Roll-A-Ray (device) at Long Island
City, N. T. Examination showed that the device consisted of a brown plastic
molded case with handle attached. The case enclosed a light bulb and two
rubber rollers placed at either end of the bottom part of the case. The rollers
would contact the body for massaging purposes, and the light bulb would
furnish heat. A plastic grid was fitted over the bulb to protect the body from
contact with the lamp.
LABEL, IN PAST :    (Carton) "Roll-A-Ray Heat Massage With Infra Red." .
UAIUBB OF CHARGE: Misbranding, Section 502 (a), the following label state-
ments were false and misleading since heat and massage are not adequate
treatments for such purposes: "For Home Reducing and an Aid in the Relief
of Discomforts Arising from Rheumatism, Lumbago, Muscular Aches, Physical
Aches * * * for Health and Beauty * * * to remove fatty tissues.
Many varied ailments respond to application of heat and massage * * *
for loosening muscles and assisting in driving fatty tissues away."
DISPOSITION : December 19, 1949. The Elcord Products Corp., New York, N. T.,
claimant, having consented to the entry of a decree, judgment of condemnation
was entered and the court ordered that the devices be released under bond for
relabeling, under the supervision of the Federal Security Agency. The court
further ordered that the devices should be modified by removing the 60-watt
bulb contained therein and replacing it with a 30-watt bulb; by placing foil
reflectors on the inner portions of the devices; by covering, removing, or
destroying the labeling indicating directions and uses borne on the sides of the
cartons in which the devices had been packed; and by using a carton cover
and labeling approved by the Food and Drug Administration.