USA vs WILHELM REICH 1954-1957                                        provided by PORE -- last update (97jan18) - orgone - usa
from court docket volumes (Pore's item wr40319d)

DECREE OF INJUNCTION ORDER
(MARCH 19, 1954)
by JUDGE CLIFFORD

This is best viewed with netscape 1.1 or better for proper layout of the document as was recorded From the court record: U.S. Federal Court , Portland, Maine



In The United States District Court For The District Of Maine
Southern Division

United States Of America,

Plaintiff

Civil Action File No. 1056
Decree of Injunction

v.

THE WILHELM REICH FOUNDATION,
a Maine Corporation, WILHELM REICH
and ILSE OLLENDORFF,

Defendants .
Plaintiff having filed a Complaint for Injunction herein to enjoin the defendants and others from further alleged violations of the Federal Food, Drug, and Cosmetic Act; and each defendant having been duly served, on February 10, 1954, with a summons and copy of the Complaint; and no defendant having appeared or answered in person or by representative, although the time therefore has expired; and each defendant having been duly served, on February 26, 1954, with a copy of Requests for Admissions; and no defendant having served any answer to said Requests, although the time therefor has expired; and the default of each defendant having been entered herein; and it appearing that the defendants, unless enjoined therefrom, will continue to introduce or cause to be introduced or delivered, or cause to be delivered into interstate commerce orgone energy accumulators, devices within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U. S. C. 301 et seq. which are misbranded and adulterated, and in violation of 21 U. S. C. 331 (a) and (k); and the Court having been fully advised in the premises;
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the defendants, THE WILHELM REICH FOUNDATION, WILHELM REICH, and ILSE OLLENDORFF and each and all of their officers, agents, servants, employees, attorneys, all corporations, associations, and

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organizations, and all persons in active concert or participation with them or any of them, be, and they hereby are, perpetually enjoined and restrained from doing any of the following acts, directly or indirectly, in violation of Sections 301(a) or 301(k) of the Federal Food, Drug, and Cosmetic Act (21 U. S. C. C. 331(a) or (k) ) with respect to any orgone energy accumulator device, in any style or model, any and all accessories, components or parts thereof, or any similar device, in any style or model, and any device purported or represented to collect and accumulate the alleged orgone energy:

(1) Introducing or causing to be introduced or delivering or causing to be delivered for introduction into interstate commerce any such article of device which is:
(a) Misbranded within the meaning of Section 502(a) of the Act (21 U. S. C. 352(a) ) by reason of any representation or suggestion in its labeling which conveys the impression that such article, in any style or model, is an outstanding therapeutic agent, is a preventive of, and beneficial for use in any disease or disease condition, is effective in the cure, mitigation, treatment, and prevention of any disease, symptom, or condition; or
(b) Misbranded within the meaning of Section 502 (a) of the Act (21 U. S. C. 352(a) ) by reason of any representation or suggestion in its labeling which conveys the impression that the alleged orgone energy exists; or
(c) Misbranded within the meaning of Section 502(a) of the Act (21 U. S. C. 352(a) ) by reason of any photographic representation or suggestion with a caption, or otherwise, which conveys the impression that such is an actual photograph depicting the alleged orgone energy or an alleged excited orgone energy field; or
(d) Misbranded within the meaning of Section 502(a) of the Act (21 U. S. C. 352(a) ) by reason of any other false or misleading

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representation or suggestion; or

(e) Adulterated within the meaning of Section 501(c) of the Act (21 U. S. C. 351(c) ) in that (1) its strength differs from or its quality falls below that which it purports or is represented to possess or (2) it purports to collect from the atmosphere and accumulate in said device the alleged orgone energy; or
(2) Doing any act or causing any act to be done with respect to any orgone energy accumulator device while such device is held for sale (including rental, or any other disposition) after shipment in interstate commerce which results in said device becoming misbranded or adulterated in any respect; and
IT IS FURTHER ORDERED:
(1) That all orgone energy accumulator devices, and their labeling, which were shipped in interstate commerce and which (a) are on a rental basis, or (b) otherwise owned or controlled by any one of the defendants, or by the defendants, be recalled by the defendants to their place of business at Rangeley, Maine; and
(2) That the devices referred to in (1) immediately above, and their parts, be destroyed by the defendants or, they may be dismantled and the materials from which they were made salvaged after dismantling; and
(3) That the labeling referred to in paragraph (1), just above, except those items for which a specific purchase price was paid by their owners, be destroyed by the defendants; and
(4) That all parts or portions of orgone accumulator devices shipped in interstate commerce and returned to Rangeley, Maine, or elsewhere, and awaiting repair or reshipment be destroyed by the defendants, or, they may be dismantled and the materials from which they were made salvaged after dismantling; and
(5) That all copies of the following items of written, printed, or graphic matter, and their covers, if any, which items

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have constituted labeling of the article of device, and which contain statements and representations pertaining to the existence of orgone energy, its collection by, and accumulation in, orgone energy accumulators, and the use of such alleged orgone energy by employing said accumulators in the cure, mitigation, treatment, and prevention of disease, symptoms and conditions:

The Discovery of the Orgone by Wilhelm Reich
Vol. I - The Function of the Orgasm
Vol. II -The Cancer Biopathy

The Sexual Revolution by Wilhelm Reich
Ether, God and Devil by Wilhelm Reich
Cosmic Superimposition by Wilhelm Reich
Listen, Little Man by Wilhelm Reich
The Mass Psychology of Fascism by Wilhelm Reich
Character Analysis by Wilhelm Reich
The Murder of Christ by Wilhelm Reich
People in Trouble by Wilhelm Reich

shall be withheld by the defendants and again employed as labeling; in the event, however, such statements and representations, and any other allied material, are deleted, such publications may be used by the defendants; and

(6) That all written, printed, and graphic matter containing instructions for the use of any orgone energy accumulator device, instructions for the assembly thereof, all printed, and other announcements and order blanks for the items listed in the paragraph immediately above, all documents, bulletins, pamphlets, journals, and booklets entitled in part, as follows: CATALOGUE SHEET, PHYSICIANS REPORT, APPLICATION FOR THE USE OF THE ORGONE ENERGY ACCUMULATOR, ADDITIONAL INFORMATION REGARDING SOFT ORGONE IRRADIATION, ORGONE ENERGY ACCUMULATOR ITS SCIENTIFIC AND MEDICAL USE, ORGONE ENERGY BULLETIN, ORGONE ENERGY EMERGENCY BULLETIN, INTERNATIONAL JOURNAL OF SEX-ECONOMY AND ORGONE RESEARCH, INTER-

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NATIONALE ZEITSCHRUFT FUR ORGONOMIE, EMOTIONAL PLAGUE VERSUS ORGONE BIOPHYSICS, ANNALS OF THE ORGONE INSTITUTE, AND ORANUR EXPERIMENT, but not limited to those enumerated, shall be destroyed; and

(7) That the directives and provisions contained in paragraphs (1) to (6) inclusive, above, shall be performed under the supervision of employees of the Food and Drug Administration, authorized representatives of the Secretary of Health, Education and Welfare; and,
(8) That for the purposes of supervision and securing compliance with this decree the defendants shall permit said employees of the Food and Drug Administration, at reasonable times, to have access to and to copy from, all books, ledgers, accounts, correspondence, memoranda, and other records and documents in the possession or under the control of said defendants, including all affiliated persons, corporatlons, associations, and organizations, at Rangeley, Maine, or elsewhere, relating to any matters contained in this decree. Any such authorized representative of the Secretary shall be permitted to interview officers or employees of any defendant, or any affiliate, regarding any such matters subject to the reasonable convenience of any of said officers or employees of said defendants, or affiliates, but without restraint or interference from any one of said defendants; and

(9) That the defendants refrain from, either directly or indirectly, in violation of said Act, disseminating information pertaining to the assembly, construction, or composition of orgone energy accumulator devices to be employed for therapeutic or prophylactic uses by man or for other animals.

March 19, 1954
2:45 P.M.

A true copy of onginal filed at 2:45 P.M. on March 19, 1954.

ATTEST: /s/ Morlis Cox
Clerk, United States District Court

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[((PORE editorial)) The material listed in paragraph 6, including his books and other publications, were burned under the supervision of agents of the Food and Drug Administration: This occurred on August 25, 1956, and, again, as recently as March 17, 1960. ]



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