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UNITED STATES v. ARTICLE CONSIST. OF 46 DEVICES, "DYNATONE"

No. 4-67 Civ. 301.

315 F.Supp. 588 (1970)

UNITED STATES of America, Libelant, v. An ARTICLE of device CONSISTING OF approximately 46 DEVICES, Labeled (on device) "DYNATONE", and Approximately 950 brochures entitled "We Have It Now You Can Look Years Younger the Exclusive New Dynatone Way," and One newspaper advertisement mat and undetermined number of newspaper advertisement tear sheets reading in part: "Introducing the Exclusive New Dynatone Way to Help You Look Younger—Firm Underlying Muscles Around Chin and Frontal Neck Area—Strengthen Sagging Muscles that Cause Fine Wrinkles. Exercise Muscle Areas Around Side of Face, Eyes, and Lips—Firm and Tone Age-Revealing Areas of Your Face and Neck—Diminish Age-Telling Fine Lines and Fine Wrinkles. In Just Three Minutes a Day You Can Help Improve Your Facial Contours, Skin Tone, Texture and Complexion * * * Give Yourself a Younger Looking Appearance—Exercises Hidden Face and Neck Muscles and Gently Coaxes Them Back to Youthful Resiliency and Tone —Works Quickly to Help Firm Up Delicate Facial Muscles That Cause Double-Chins, `Crow's Feet' and Other Facial Contour Problems—."

United States District Court, D. Minnesota, Fourth Division.

July 27, 1970.

Attorney(s) appearing for the Case

Robert G. Renner, U. S. Atty., by Joseph T. Walbran, Asst. U. S. Atty., together with Forrest Patterson and Robert Marrs of the Food and Drug Administration, for the United States.

Kelly, Segell & Fallon, by William S. Fallon, St. Paul, Minn., Condon, McMurray & Pendergast, by William R. Pendergast, Washington, D. C., and Condon & McMurray, by Mark E. Barmak, New York City, appeared for claimant.

NEVILLE, District Judge.

This action seeks the condemnation of some 46 devices more or less known as the Dynatone Facial Exerciser. It is an in rem proceeding and is in this court as the result of a seizure of the devices by the government pursuant to Section 301 et seq. and specifically Section 334 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. Such was made at a department store in Minneapolis...

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