COMPLAINT FOR INJUNCTION Feb 10, 1954 (part 2) - USA vs WILHELM REICH 1954-1957

USA vs WILHELM REICH 1954-1957 provided by PORE -- last update (97may27) - orgone - usa
from court docket volumes ( Pore's item wr40210b )

COMPLAINT FOR INJUNCTION
Feb 10, 1954
(part 2) Continued beginning with page 16

        b.      How To Use The Orgone Accumulator - which contains some 
                directions for use of the cabinet style device, "shooter",
                seat box, and chestboard.

        c.      Instructions For Assembling The Orgone Accumulator - which
                contains directions for assembling the cabinet style
                accumulator.

        d.      Catalogue Sheet - which lists and partially describes the
                various styles of accumulators.

        e.      Physician's Report.

        f.      A form letter entitled "To All Users of The Orgone Energy
                Accumulator".

        g.      Instructions for the Use of the Orgone Energy Accumulator
                Blanket.

24. The defendants have devised a jargon stemming from their coined word "orgone" and utilize words having "orgone" as a base in the promotion of the pseudo science which they call "orgonomy."

25. That said defendants have been and now are representing and suggesting in the labeling of said devices, in particular, on page 3 of the mimeographed sheets entitled HOW TO USE THE ORGONE ACCUMULATOR, under the heading PLEASE READ CAREFULLY, that said devices be kept at least three rooms away from an operating X-ray machine; that said devices should not be used in proximity to operating X-ray equipment; and against experimenting with radio-active materials in combination with the alleged orgone energy because "it is dangerous to life", which representations and suggestions in said labeling are and were false and misleading and misbranding said devices within the meaning of said Act, 21 U.S.C. 352(a), since such representations and suggestions convey the impression and belief that the alleged orgone energy is a powerful form of energy, particularly when in contact with emanations from radio-active material and Roetgen rays, whereas, the alleged orgone energy, as claimed to have been discovered and its existence proved by the said defendant Reich as stated in the labeling for said devices, is not a powerful form of energy, is non-existent, and is not "dangerous to life".

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26a. The aforesaid orgone energy accumulator devices have been and now are further misbranded when introduced into, while in, and while held for sale after shipment in interstate commerce, within the meaning of 21 U.S.C. 352(a) in that their labeling, namely, the booklet (outside cover) entitled THE ORGONE ENERGY ACCUMULATOR - Its Scientific and Medical Use, the booklet (page 198d) entitled THE ORANUR EXPERIMENT, and book (page 66) entitled COSMIC SUPERIMPOSITION, and the frontispieces of ORGONE ENERGY BULLETIN, Vol. 1, No. 1, the book entitled THE MURDER OF CHRIST, and the bulletin entitled "Internationale Zeitschrift Fur Orgonomie April 1950", contains written, printed and graphic matter, namely, a photograph with caption, which is false and misleading in that such written, printed, and graphic matter conveys the impression that the photograph is an actual photograph depicting the alleged orgone energy, whereas, the alleged orgone energy is not thereby depicted.

26b. The aforesaid orgone energy accumulator devices have been and now are further misbranded when introduced, while in, and while held for sale after shipment in interstate commerce, within the meaning of 21 U.S.C. 352(a) in that their labeling, namely, the book (pages 198a and 198b) entitled THE ORANUR EXPERIMENT, contains written, printed, and graphic matter, namely, photos 1 and 3 captioned as showing an excited orgone energy field between the palms of the hands and from an alcohol flame, respectively, which is false and misleading in that such written, printed, and graphic matter conveys the impression that the photos show excited orgone energy fields, whereas, said photos do not show excited orgone energy fields.

27. The orgone energy accumulator, in all of its styles and models, is a device within the meaning of 21 U.S.C. 352(h), and is and was further misbranded when introduced into, while in, and while held for sale after shipment in interstate commerce, within the meaning of said Act, 21 U.S.C.

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352(a) in that their labeling, namely, the printed matter mentioned in paragraph "23" hereof an the written, printed and graphic matter hereinafter identified, accompanying said device, represents and suggests that the device is an outstanding therapeutic agent, is a preventive of and beneficial for use in all diseases and disease conditions, is effective in particular in the cure, mitigation, treatment, and prevention of the diseases, conditions, and symptoms hereinafter mentioned, which representations and suggestions are false and misleading since the device is not an outstanding therapeutic agent, is not a preventive of and beneficial for use in all diseases and disease conditions, is not effective in the cure, mitigation, treatment, and prevention of the diseases, conditions, and symptoms hereinafter enumerated. Examples of the diseases, conditions, and symptoms, and the items of written, printed, and graphic matter wherein they appear, which constitute the labeling referred to above, are as follows:

THE ORGONE ENERGY ACCUMULATOR -
Its Scientific and Medical Use.

cancer

anemia

headaches

cancer tumor of the breasts

acute and chronic colds

hay fever

rheumatism

arthritis

varicose ulcers

chronic illnesses

bruises

cuts

lesions

abrasions

wounds

burns

sinusitis

migraine

vascular hypertension

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high blood pressure

decompensated heart disease

brain tumors

arteriosclerosis

apoplectic attacks

skin inflamation

conjunctivitis

sterilization of wounds

immobilization of vaginal bacteria

chronic fatigue

undernorishment

diabetes

Orgone Energy Bulletin

cancer

angina pectoris

constipation

high blood pressure

low blood pressure

Basedow's disease

abscesses

chronic diarrhea

chronic bronchitis

gastric ulcer

putrefaction of the intestines

inflammation of the eyeball

hemorrhage of the throat

paradentosis

anemia

lichenoid eczema

osteoporosis

arteriosclerotic heart disease

duodenal ulcers

thrombophlebitis

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compound fracture

Buerger's disease

purulent frontal sinusitis

diabetes

ichthyosis

International Journal of Sex-Economy and Orgone Research

cancer

angina pectoris

asthma

cardiovascular hypertension

epilepsy

multiple sclerosis

chorea

cancer pains

raising hemoglobin

elimination of cancer tumors

tumor easily destroyed

lung cancer

tumor of the breast

high blood pressure

low blood pressure

brain tumor

inoperable cancer of esophagus

prevention of metastases

leukemia

fistula

trichomonas vaginalis

colds

cutaneous abscesses

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healing of wounds

underweight

anemia

in pregnancy

Annals of the Orgone Institute

cancer

angina pectoris

common cold

The Discovery of the Orgone Vols. I & II

tumors

anemia

wounds, burns, bed sores

colds

grippe

infection

trichomonas vaginalis

cancer

angina pectoris

artiosclerosis

varicose ulcer

common cold

pneumonia, prevention of

high blood pressure

Emotional Plague Versus Orgone Biophysics

arthritis

colds

sinusitis

anemia

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cancer

leukemia

angina pectoris

vascular hypertension

varicose ulcer

cancer tumors

arthritis

Listen, Little Man

cancer

Ether, God and Devil

cancer

The Sexual Revolution

cancer

Character Analysis

cancer tumors

The Cosmic Superimposition

cancer

common cold

ichthyosis

rheumatic fever

hypertension

diabetes

The Mass Psychology of Fascism

cancer

- 22 -

The Oranur Experiment

colds

cut finger

influenza

tissue degeneration

blood degeneration

cancer

Internationale Zeitschrift Fur Orgonomie

cancer

diabetes

wounds

duodenal ulcer

pernicious anemia

Basedow's disease

high blood pressure

low blood pressure

paradentosis

lichenoid eczema

osteoporosis

angina pectoris

arteriosclerosis

mydegeneratio cordis

prostatitis

mycartial infarction

intestinal trouble

mediastinal malignancy

sinusitis

burns

diabetic neuritis

colds

- 23 -

Annals of Orgone Institute

common cold

angina pectoris

cancer

Oranur Project

counteracts nuclear radiation

chronic colds

chills

low resistance

pneumonia prevention

healing of wounds and burns

old resilient ulcers

prevention of burn blisters

relief of pain in cancer

rheumatism

migraine

neuritis

cuts

shock

atomic warefare

epidemics

The Murder of Christ

cancer

People In Trouble

cancer

blood

tissues

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28. The orgone energy accumulator device, in all styles and models, is adulterated with in the meaning of 21 U.S.C. 351(c) in that its strength differs from and its quality falls below that which it purports and is represented to posses, since it is not capable of collecting from the atmosphere and accumulating in said device the alleged orgone energy as claimed to have been discovered and its existence by the defendant Reich.

29. The plaintiff is informed and believes that unless restrained by the Court, the said defendants will continue to cause the introduction or delivery for introduction into interstate commerce, of the said orgone accumulator device, in all its styles and models, misbranded within the meaning of 21 U.S.C. 352(a) and adulterated with in the meaning of 21 U.S.C. 351(c). The plaintiff is also informed and believes that unless restrained by the Court, the said defendants will continue to cause the said orgone accumulator device, in all its styles and models, to be misbranded and adulterated with in the meaning of 21 U.S.C. 352(a) and 351(c) while held for sale after shipment in interstate commerce.

WHEREFORE PLAINTIFF PRAYS:< p>

That the defendants, The Wilhelm Reich Foundation, a Maine corporation, Wilhelm Reich and Illse Ollendorff, individuals, and each and all of their officers, agents, servants, employees, attorneys, all corporations, associations, and organizations, and all persons in active concert or participation with any of them, be perpetually enjoined from directly or indirectly introducing or causing to be introduced or delivering or causing to be delivered for introduction into interstate commerce in violation of 21 U.S.C. 331(a), any orgone accumulator device, in any style and model, and any and all accessories, components or parts thereof, or any

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similar article, in any style and model, which is misbranded within the meaning of 21 U.S.C. 352(a) or adulterated with in the meaning of 21 U.S.C. 351(c);

AND FURTHER PRAYS:

That the aforesaid defendants, their officers, agents, servants, employees, attorneys, all corporations, associations, and organizations, and all persons in active concert or participation with any of them, be perpetually enjoined from directly or indirectly doing or causing to be done any act whether oral, written, or otherwise in the manner aforesaid or in any other manner, with respect to any orgone accumulator device, in any style or model, or with respect to any similar article of device while held for sale after shipment in interstate commerce in violation of 21 U.S.C. 331(k), which results in said article being misbranded within the meaning of 21 U.S.C. 352(a) and adulterated with in the meaning of 21 U.S.C. 351(c);

AND FURTHER PRAYS:

That the plaintiff be given judgment for its costs herein and for such other and further relief as to the Court may seem just and proper.

/s/ Peter Mills
United States Attorney

Address:

Federal Court House,

156 Federal Street,

Portland 6, Maine.

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The next 6 pages are Court Records which are the EXHIBITS A-F (click on Exhibits to see them)

EXHIBIT A

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EXHIBIT B