981. Misbranding of R & R Ultra Violet Ray and Radiation Machine.    U. S. v.
August H. Riess (Lawndale Laboratories). Plea of not guilty. Tried to
the court. Judgment of guilty. Fine, $250. (F. D. C. No. 8750. Sample
No. 1001-F.)
On January 16, 1943, the United States attorney for the Southern District of
California filed an information against August H. Riess, trading as Lawndale
Laboratories, Lawndale, Calif., alleging shipment on or about June 29, 1942,
from the State of California into the State of Michigan of one of the above-named
devices which was misbranded.
Examination of this product showed that it was essentially a high voltage mer-
cury vapor discharge tube. A spectrograph^ examination indicated that the
gaseous discharge was in an ultraviolet transmitting tube, and that the character
of the radiations from the discharge was primarily of the spectrum of mercury
vapor. The intensity of ultraviolet light emitted was relatively of a weak order
of magnitude and was observed to be some 50 times weaker than an ultraviolet
lamp such as might customarily be used in normal routine of ultraviolet therapy.
The article was alleged to be misbranded in that the statements appearing in its
labeling which represented and suggested that it would be efficacious in the cure,
mitigation, treatment, or prevention of arthritis, acne, asthma, bronchitis, hay
fever, gout, dropsy, constipation, indigestion, jaundice, cold hands and feet, ane-
mia, carbuncles, boils, goiter, deafness, headache and eye trouble, lumbago, mumps,
pleurisy, measles, low blood pressure, liver disease, hardening of the liver, neu-
ritis, rheumatism, high blood pressure, nervousness, paralysis, palsy, locomotor
ataxia, erysipelas, neuralgia, menopause, sprains, stiff neck, quinsy, stiff muscles,
sinus disease, catarrh, varicose veins, psoriasis, fatigue, exhaustion, and female
trouble; would be efficacious in treating affections of the prostate, thyroid
glands, kidneys, bladder, heart, nerves, throat and tonsils, and disturbances of the
sacro-iliac joint; would be efficacious to improve the circulation and bring about
internal cellular massage; would build up the red corpuscles, improve the im-
poverished blood stream, increase glandular activity, and act as a natural tonic
to the entire body; would stimulate increased activity in the glands creating
the digestive juices; would produce an increase of the rapidity of the chemical
changes from which life results; would relieve congestion in a natural manner
?See also Nos. 951, 954-958, 961-978.
and stimulate activity where metabolism is'sluggish,' and "rebuild the body to
healthfulness and happiness; would be invaluable to persons of advanced age or
those whose occupations fail to give sufficient exercise; would stimulate bodily
activity, improve digestion and elimination, restore bowel activity to normal,
improve the circulation of the blood, and generally improve health, were false and
misleading since it would not be efficacious for such purposes or accomplish the
results claimed.
It was alleged to be misbranded further in that the statements appearing in
its labeling, "Ultra Violet Rays * * * Are a Source of Vitamin D, are very
beneficial to the upbuilding of the body, due to the difficulty in obtaining these
Rays in a sufficient quantity under modern conditions, due to indoor occupations,
and climatic conditions, our Laboratories have, after considerable research
and experimentation, produced the R & R Ultra-Violet Ray and Radiation
Machine," were misleading since such statements suggested and created the im-
pression in the mind of the reader that the device would produce ultraviolet rays
of sufficient intensity to produce in the body vitamin D in an amount sufficient to
compensate in an important respect for the deficiency of vitamin D resulting from
indoor occupations and unfavorable climatic conditions, whereas the device would
produce ultraviolet rays of very weak intensity and would produce little, if any,
vitamin D in the body.
On March 10, 1943, the defendant having entered a plea of not guilty, the case
came on for trial before the court. At the conclusion of the testimony the court
found the defendant guilty, and on March 22,1943, imposed a fine of $250.