3311. Misbranding of diathermy device.   U. S. v. 19 Devices   *   * ? *.    (F. D. C.
No. 25693.    Sample No. 37847-K.)
LIBEL FILED :    October 13, 1948, "Western District of Washington.
ALLEGED SHIPMENT:    On or about July 6 and September 15, 1948, by David
Bogen Co., Inc., from New York, N. T.
* United States v. 720 Bottles, etc., 3 F. R. D. 466 (1944) ; United States v. 149 Gift
Packages, etc.    52 F. Supp. 993  (1943).
5 Gifford v. Travelers Protective Ass'n., 153 F. 2d 209, and Koepke v. Fontecchio, 177
F. 2d 125.
8 See further : Eureka Productions, Inc. v. Mulligan, 2 Cir., 108 F. 2d 760, 761; United
States v. 88 Cases, etc., 5 F. R. D. 503 (1946) ; United States v. 300 Cans, etc., 7 F. R. D.
36 (1946) ; United States v. 935 Cases, etc., 6 Cir. (1943), 136 F. 2d 523, 525, cert, denied
320 U. S. 778; United States v. 20 Cases, etc., 77 F. Supp. 231 (1947) ; C. C. Co. v.
United States, 5 Cir. (1945), 147 F. 2d 820, 824; United States v. 5 Cases, etc. 2 Cir.
(1950) 179 F. 2d 519, 522, 524, notes 9 and 15. In this case the court said: "It now
appears well established that the Rules of Civil Procedure do apply to condemna-
tion proceedings." And see cases cited in Fed. Prac. and Procedure, Barron and
Holtfcoff, Vol. 1, page 219 (case cited as being in 8 F. R. D. 81 is at same page in
Vol. 9, F. R. D.).
PBODXJCT: 19 diathermy devices at Seattle, Wash. The device consisted of a
cabinet containing radio tubes, transformer, resistors, and adjustable plate
condensers. Connected to the device were two 8" x 10" diathermy pads, which
transmit short electrical waves to the portion of the body to be treated.
LABEL, IN PAST : "David Bogen Co., Inc., New York 12, New York Model No.
5-A   *   *    *   Short Wave Diathermy."
NATURE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the device
failed to bear adequate directions for use in the treatment of sinus, colds,
etc., elbow, wrist, leg, stiff neck, sprained ankle, hand, shoulder, knee, and
upper back and lower back, which were the parts of the anatomy and abnor-
malities to affect and treat, for which the article was offered in its labeling,
namely, in an accompanying leaflet headed "Illustrations of Pad, Mask, Cuff
and Cable Placement for Typical Treatment Employing Bogen Portable Short
Wave Diathermy Model 5-A."
DISPOSITION: November 18, 1950. George B. Quinn, Seattle, Wash., claim-
ant, 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.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF DEVIATION FROM
OFFICIAL OR OWN STANDARDS