1931. Misbranding of Bums' Cuboids.   IT. S. v. 1,235 Pairs of Burns' Cuboids, and
a number of circulars, leaflets, and display cards. Consent decree of con-
demnation. Product ordered released under bond. (F. D. C. No. 13323.
Sample No. 69412-F.)_
LIBEL FILED:   'August'"]!*,' ??y44, District of Colorado
ALLEGED SHIPMENT: By the Burns Cuboid Co., from Santa Ana, Calif. The
product was shipped at various times, including May 31, 1944, and the leaflets
and display cards were shipped at various times, including June 3, 1944.
PRODUCT : 1,235 pairs of Burns' Cuboids at Denver, Colo., together with a number
of circulars entitled "Balance! The Modern Way to Foot Relief," a number
of leaflets entitled "In Foot Relief It's Modern Science * * * That Makes
Cuboid Foot Balancers The Leader," and a number of placards entitled "The
Modern Way to Foot Relief." This product was a device to be worn in the
shoe like an innersole. It consisted of 3 pressed cork pads, one on each side
and one near the front. They were covered on the top with smooth leather
and on the bottom with suede leather.
LABEL, IN PABT: (Carton) "Cuboids For Foot Relief and Comfort * * * for
redistributing Body Weight Aid in Making the Sole of Tour Shoe fit the Sole
of your Foot.   *   *   *   Balances the body weight."
NATURE OF CHARGE: Misbranding, Section 502 (a) certain statements on the
carton labels and in the circulars, leaflets, and placards, together with designs
of the feet in the circulars, were false and misleading.   The statements and
. designs represented and suggested that the article would afford foot relief and
comfort; that it would redistribute and balance body weight; and that it
would help one to walk correctly and comfortably. They further represented
and suggested that the article would be efficacious in the treatment of weak,
aching feet; that it would relieve'strain and fatigue; that it would relieve
pressure on the metatarsals; that it would aid circulation and relieve nerve
tension; that it would aid posture and strengthen weak arches; that it would
exercise, tone, and strengthen flabby foot muscles; and that it would correct
weak and inrolling feet and swollen feet and ankles. The article would not
fulfill the promises of benefit stated and implied by the statements and designs.
DISPOSITION : On September 29,1944, the Burns Cuboid Co. having appeared as
claimant, the case was ordered removed to the Northern District of California,
pursuant to stipulation between the Government and the claimant. On May
2, 1945, the claimant having admitted the allegations of the libel, judgment
of condemnation was entered and the product was ordered released under
bond, conditioned that the circulars, leaflets, and display cards be destroyed.