U. S. v. ARTICLES OF DEVICE [ACUFLEX; PRO-MED]

Civ. A. No. 75-1031.

426 F.Supp. 366 (1977)

UNITED STATES of America, Plaintiff, v. ARTICLES OF DEVICE [ACUFLEX; PRO-MED] consisting of the following: One device, more or less, labeled in part: (front panel) "Acuflex Dual Model CA-110 * * * Modulation * * * Rate * * * Voltage * * * Mode * * * Sensitivity * * * Audio * * * Range * * *" (rear panel) "Jaestic Industrial Co., Inc. 29830 Beck Road, Wixom, Michigan 48096 2195-D" including as accompanying labeling, one, more or less, of each of the following items of written, printed, and graphic matter relating to the device: leaflet entitled: "Acuflex Neur-Metron Modules * * *" leaflet entitled: "Acuflex Instruction Guide * * *" booklet entitled: "What Electric Acupuncture (E.A.P.) is * * *" leaflet entitled: "Technical Data Model CZ-110 * * *" One device, more or less, labeled in part: "Pro-Med 1100 * * * Frequency * * * Polarity * * * Timer * * * Intensity * * * Sensitivity * * * Volume * * *" including as accompanying labeling one, more or less, of each of the following items of written, printed and graphic matter relating to the device: leaflet entitled: "P.M.D., Inc. is pleased to announce * * * `Pro-Med-1100' * * *" booklet entitled: "Pro-Med 100 Instructions * * *", Defendants, and Professional Medical Distributors, Inc., and Constance Haber, D.C., Claimants.

United States District Court, W. D. Pennsylvania.

January 25, 1977.


Attorney(s) appearing for the Case

David B. Atkins, Asst. U. S. Atty., Pittsburgh, Pa., John Patrick Glynn, Consumer Affairs Section, Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff.

Carl A. Eck, Pittsburgh, Pa., for claimants.


OPINION

SNYDER, District Judge.

The Government has brought an in rem action under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to condemn two electric acupuncture devices, Acuflex Dual Model CZ-110 and Pro Med 1100, and their accompanying pamphlets. It contends that the devices are misbranded in violation of 21 U.S.C. § 352(a) and (f)1 and therefore subject to seizure under 21 U.S...

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