4039. Misbranding of Pur Ozone Generator device.   U. S. v. 10 Devices, etc.
(F. D. O. No. 34122.    Sample No. 19641-L.)
LIBEL FILED :   November 12, 1952, District of North Dakota.
ALLEGED SHIPMENT : On or about September 19,1952, by the Purozone Co., from
Brea, Calif.
PRODUCT : 10 Pur Ozone Generator devices at Harvey, N. Dak., in the possession
of H. C. Wagner, trading as the Purozone Co., together with a number of pam-
phlets entitled "Ozone Therapy by O. M. Justice, M. D." and "Bulletin No. 11
Ozone The Breath of Life" and a number of books entitled "Ozone God's
Gift to Humanity No. 2 Lecture" and "Ozone God's Gift to Humanity No.
3 Lecture." The pamphlets entitled "Bulletin No. 11 Ozone The Breath of
Life" had been printed locally for the consignee, and the other literature was
shipped to the consignee by Dr. J. E. Bffenberg, of Calozone, Inc., from Turlock,
Calif.
The device consisted essentially of glass tubes that would glow and cause the
formation of ozone in the surrounding air when the electrical attachments
were connected with a suitable electric current. The consignee had assembled
and labeled the devices with a metal plate.
LABEL, IN PART: (Metal plate) "Pur Ozone Registered Ozone Generator
110-120 Volts 10-40 Watts A. C. Purozone Company H. C. Wagner-Har-
vey, N. D."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
above-mentioned pamphlets and books accompanying the device were false
and misleading. The statements represented and suggested that the device
would assist health, prevent disease, and act as a specific in many diseases;
and that it would be effective for adenitis, swelling of the breasts, angina
pectoris, alopecia, falling of the hair, arthritis, asthma, arteriosclerosis,
backache, biliousness, bronchitis, bursitis, colitis, colds, sore chest, constipa-
tion, dandruff, deafness, erysipelas, earache, eczema, high blood pressure,
indigestion, jaundice, leucorrhea, mumps, nervousness, pleurisy, prostate
trouble, pneumonia, pelvic disturbances, psoriasis, quinsy, sore throat, rheu-
matism, rectal disturbances, sleeplessness, sinus trouble, tuberculosis, varicose
veins, wrinkles, infections and diseases of body cavities and passages, chloro-
sis, anemia, nervous prostration, chronic nasopharyngeal catarrh, whooping
cough (pertussis), diphtheria, scarlet fever, pernicious anemia, cardiovascular
and renal diseases, insomnia, hay fever, dyspepsia, headaches, inactive liver
and kidneys, syphilis, rheumatisms of gonococcal origin, destruction of mi-
crobic diseases in human beings, fistula, influenza, osteomyelitis, "and many
other ailments."   The device was not capable of fulfilling the promises of bene-
stated and implied. The device was misbranded while held for sale after ship-
ment in interstate commerce.
DISPOSITION : May 8,1953. Default decree of condemnation. The court ordered(
that the generator or transformer of the device be turned over to the Depart-
ment of Physics of the North Dakota State College and that the remainder of
the device be destroyed.