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USA vs WILHELM REICH 1954-1957                                        provided by PORE -- last update (97may27) - orgone - usa
from court docket volumes ( Pore's item wr40210a )


COMPLAINT FOR INJUNCTION
Feb 10, 1954

(part 1)



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE

UNITED STATES OF AMERICA,

Plaintiff

Civil Action File No. 1056
COMPLAINT FOR INJUNCTION

v.

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

Defendants .

.

The United States of America, plaintiff herein, by and through Peter Mills, United States Attorney for the District of Maine, files this Complaint for Injunction and respectfully represents unto this Honorable Court as follows:
1. This proceeding is brought under Section 302(a) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 332(a)], hereinafter referred to as the "Act", specifically investing the United States District Courts with jurisdiction to enjoin and restrain violations of Section 301 of said Act [ 21 U.S.C. 331] as hereinafter more fully appears.
2. The defendant, The Wilhelm Reich Foundation, is a Maine corporation, hereinafter called the "Foundation", having its principle place of business at Rangeley, Maine. The defendant Wilhelm Reich is an individual who resides at Rangeley, Maine. The said defendants manufacture and have been and now are introducing and causing to be introduced, and delivering and causing to be delivered for the introduction into interstate commerce in violation of 21 U.S.C. 331(a) orgone energy accumulators, devices within the meaning of 21 U.S.C. 321(h), which are adulterated within the meaning of 21 U.S.C. 351(c) and misbranded within the meaning of 21 U.S.C. 352(a), and further, said defendants have been


and now are causing said devices to be adulterated and misbranded within the meaning of 21 U.S.C. 351(c) and 352(a) while held for sale after shipment in interstate commerce in violation of 21 U.S.C. 331(k), all, as hereinafter appears. The defendant, Ilse Ollendorf, also known as Mrs. Wilhelm Reich, is an individual who resides at Rangeley, Maine, who holds and has held responsible managerial positions in the conduct of business and affairs of the Wilhelm Reich Foundation, such as, member of the board of trustees, treasurer, secretary, and administrator of the Foundation; supervisor and in charge of the distribution of said orgone energy accumulator devices and Orgone Research Fund.

3. The orgone energy accumulator device is available in several styles and models. The box style orgone energy accumulators are designed to stand upright and are large enough to permit an adult to sit inside. (See Exhibit A attached). The height, width, and depth are several inches less than those of the ordinary telephone booth. The top, bottom, sides, and door are similarly constructed. Each is made with alternating layers of organic and metallic material. The outer layer may be of celotex or plywood, then alternating layers of steel wool and rock or glass wool and the inside layer is galvanized sheet metal. In recent years plastic wire mesh has been used as a substitute for the sheet metal. A device with six layers is called a three-fold orgone energy accumulator. One with two additional layers is called four fold and progressively so as the layers increase. The door is hinged to one side, and usually either has an open window or has portions cut out at the top and bottom for ventilation. There is a two-section removable seat made in layers as described above. A small section is cut out at the corner of the

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seat for the insertion of a length of B-X type hollow cable, into the other end of which a funnel may be placed. The drop section may be used as a chestboard by placing it upright in front of the chest of a person sitting in the box. Chestboards are also made and sold separately. Attached and marked "Exhibit A" is page 31 of a booklet entitled THE ORGONE ENERGY ACCUMULATOR Its Scientific and Medical Use showing a box style orgone energy accumulator device, equipped with a two-section seat, chestboard, and funnel arrangement.

4. A "Shooter" type orgone energy accumulator device is a box about one cubic foot in size, all sides of which are made in the same manner described in the preceding paragraph. It is equipped with a B-X type hollow cable into which a funnel may be inserted. Attached and marked "Exhibit C" is page 37 of the booklet from which Exhibit A is taken, showing a "shooter" orgone energy accumulator device.
5. The blanket style orgone energy accumulator device is constructed of wire mesh with several alternating layers of organic and metallic material covered on the outside with plastic. It is made in three portions which may fold down flat. It is for use in bed or local application. One section may be placed under the mattress and the other two over the patient. Attached hereto and marked "Exhibit B" and "Exhibit D", respectively, are pages 32 and 38 of the booklet described in Exhibit A, which pages show how the said blanket style may be used in bed and for local application.
6. The funnel style orgone energy accumulator device is also constructed of wire mesh with several alternating layers of organic and metallic material covered with plastic. An example of the use of said funnel style is shown on page 39 of the above described booklet, which is attached hereto and marked "Exhibit E". The picture shows an earlier style metal funnel orgone energy

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accumulator device insulated on the outside with cotton and tape.

7. The orgone energy accumulator device is not connected with or plugged into any source of electrical or any other type of energy or power.
8. In the interstate distribution of the orgone energy accumulator devices the said defendants offer them for sale at the following prices:

Style------------------------Price

Cabinet--------------------$ 225.00
Chestboard-------------------15.00
"Shooter"---------------------40.00
Funnel------------------------25.00
Blanket-----------------------60.00

The said defendants also offer for rent cabinet style orgone energy accumulator devices for the advance "contribution" of $40 plus a $10 monthly "contribution" payable in advance. The said defendants recommend unless a person has used an orgone energy accumulator device and is well acquainted with its effects that he rent for three months trial period. If it is decided then to purchase, the $40 "contribution" and $30 rental are credited to the purchase price. At the end of a two year rental period reapplication is to be made for the rental of the device or it is to be returned to the defendants.

9. Prospective purchases of the device may learn about it in several ways. They may hear of it in conversation with persons acquainted with the device; through advertising campaigns conducted by the defendants in newspapers, journals, and in magazines which promote the sales of books, periodicals, booklets, journals, bulletins, and other publications of the defendants. Such advertising announces the existence, availability, and prices of defendants' publications on the discovery and medical use of orgone

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energy by employing the orgone energy accumulator. They may also learn of the same by such announcements appearing on the removal covers of defendants' said books and on the inside and outside permanent covers of said booklets, pamphlets, and journals; by the exhibitions of the defendants' publications at the booksellers and library association conventions and conferences; by listing in book reference sources; by the use of a mailing list containing approximately 7500 names; by means of 10,000 copies of a catalogue describing the contents of each book and periodical of the defendants, 7000 of which were mailed by the defendants to prospective customers. Purposes of the promotional and advertising campaigns, by such means, and the said publications, is to acquaint the public with the alleged discovery and medical use by means of said device of the alleged orgone energy; to aquaint the reader concerning specified stated uses therefor; to furnish certain specific instructions and directions for the use of the orgone energy accumulators; to create a demand for the purchase or rental from said defendants of said orgone energy accumulator devices. Lacking certain of said publications the purchaser or lessee of such a device would be without information concerning instructions and directions for the use of said device in various diseases and disease conditions.

10. The said defendants distribute and cause to be distributed in interstate commerce various items of written, printed, and graphic matter which relate to said devices and which written, printed, and graphic matter is printed and distributed through the Orgone Institute Press, a department and the publishing house of The Wilhelm Reich Foundation, located at Rangeley, Maine. Such written, printed, and graphic matter consists of books, book covers, booklets, periodicals, journals, pamphlets, bulletins, brochures, order blanks, announcements, catalogues, catalogue sheets, form sheets, application forms for the rental or purchase or orgone energy accumulators, sheets containing instructions for their use, among others. Said items of written, printed, and graphic matter accompany said devices when they are introduced into and delivered for introduction into and while in interstate commerce, and constitute labeling of said devices. Said written, printed, and graphic matter contains instructions for the large box models and directions for the use of the various models, both as a prophylactic and for use in the cure, mitigation, and treatment of various

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symptoms, conditions, and diseases, and misbrands the said devices in that said written, printed, and graphic matter represents and suggests that said devices, when used as directed, are effective in the cure, mitigation, treatment and prevention of said symptoms, conditions, and diseases, whereas, and prevention of said diseases, whereas, the said devices are not effective in the cure, mitigation, treatment and prevention of said diseases. The false and misleading statements and misrepresentations contained in said written, printed, and graphic matter are hereinafter more particularly set forth and alleged in this complaint.

11. When written inquiries are received by the said defendants pertaining to the prophylactic and medical uses of orgone energy accumulator devices or literature and publications relating thereto, the said defendants in actively promoting the sale and rental of said devices, and their distribution in interstate commerce, respond by sending through the United States mails, catalogues and announcements containing descriptive material and the prices, with order blanks therefor, of the following, among other, publications:

The Discovery of the Orgone by Wilhelm Reich

Vol. I - The Function of the Orgasm.....6.00
Vol. II- The Cancer Biopathy...............8.50

The Orgone Energy Accumulator Its

Scientific and Medical Use....................2.00

Orgone Energy Bulletin

A quarterly publication..........................4.00

Ether, God and Devil by Wilhelm Reich.........4.50

Annuals of the Orgone Institute, No. 1............2.00

Listen Little Man by Wilhelm Reich................3.00

The Mass Psychology of Fascism by

Wilhelm Reich.......................................4.50

Character Analysis by Wilhelm Reich.............6.00

International Journal of Sex-Economy

and Orgone Research (Published 1942
through 1945).......................................7.50

Emotional Plague versus Orgone Biophysics...1.00

Internationale Zeitschift Fur Orgonomie..........1.00

Orgone Energy Emergency Bulletin.................(.40)

The Murder of Christ by Wilhelm Reich.......(20.00)
People In Trouble by Wilhelm Reich...(for the set.)

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12. The defendant, Wilhelm Reich, in aforesaid written, printed, and graphic matter claims to have discovered a form of energy which is present in the atmosphere and for which he coined the term "orgone energy." He claims that this alleged energy id life energy, has therapeutic value, and is beneficial in the cure, mitigation, treatment, and prevention of disease.
13. The defendant Reich in said literature claims to have invented, in 1940, a device which collects from the atmosphere this alleged energy and accumulates it in the device, where it is usable for scientific, educational, and medical purposes. Approximately 10 of these devices were made in New York State from 1940 to 1942; from then until 1949 they were made by Herman Templeton, a Maine hunting and fishing guide, and after his death were made by his daughter, at Oquossoc, near Rangeley, Maine; for a short time thereafter they were made in New York again; and since 1950 they have been made by S. A. Collins & Son at Rangeley, Maine.
14. The defendants claim in said literature that this alleged energy is demonstrable, useful, and measurable. They attempt to prove the existence of such energy and its presence in the device by employing well-known scientific instruments and by resorting to the use of phenomena such as light, heat, radio-active measurements, and electromagnetism.
15. The said defendants state in said literature that organic material, which should constitute the outermost layer of the accumulator, attracts and absorbs the alleged orgone energy, that the metallic, though it attracts said energy, quickly reflects it; that by layering the accumulator as described in paragraph 3 hereof, always with the organic matter on the outside, a direction is given to the said energy from the outside to the inside, where the alleged energy is collected and concentrated.

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16. The said defendants maintain that the medical use of their box style device is accomplished by sitting in it. The manner of use of the other styles is shown in Exhibits A through E attached hereto.
17. The defendants maintain, as stated in said literature, that the enclosure within the device constitutes an alleged orgone energy field and the person in the enclosure another such field; that the energy fields of the two systems make contact; that both the person and the energy field of the accumulator begin to "luminate"; they become excited and, making contact, drive each other to higher levels of excitation. The defendants maintain that the user of the device becomes aware of this alleged phenomenon through feelings of prickling, warmth, relaxation, reddening of the face; further that body temperature increases from one half to one and one half degrees, Fahrenheit.
18. The said defendants state in the literature that the box style device should fit the size of the person who uses it; that the body surface should be no more than about 2 to 4 inches away from the metal walls.
19. The said defendants state in the literature that the blanket style device may be used by bedridden individuals in place of the regular box type device.
20. The said defendants state in the literature there is no mechanical rule as to the length of time a person should sit in the accumulator. They suggest that on the average a person requires from 5 to 30 minutes daily; that with regular use the time may be shortened from 30 minute to 10 minute sessions; that the necessary time for sittings will be decreased in accordance with the greater

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number of layers the device has; that the patient may sit in the accumulator clothed or unclothed; that woolen or too heavy clothing is not recommended as it is alleged that such prevents quick contact and lumination; that it is better for a person to indulge in 2 or more short sittings than one protracted sitting as the latter could cause serious damage.

21. For local application of the alleged orgone energy using the "shooter" style device with the funnel attachment which is applied to the area to be treated, the defendants recommend approximate irradiating times, examples of which are as follows: heart region 2 to 5 minutes; root of nose, 4; mouth cavity, 5; closed eyes, 1; ears, 2; solar plexus, 3; wounds, burns, cuts and bruises, 5 to 20 minutes; using a glass tube filled with steel wool instead of the funnel attachment, with the tube inserted in the vagina, 1 minute; using a smaller glass tube so filled and placed inside the nose, no time is specified.
22. The said defendants, despite disclaimer of cure from there device, resort to detailed accounts of case histories in said literature describing "cure" alleged to have been affected by the use of the device. Outstanding results are alleged to have been accomplished in inordinately short periods of time. Some examples of such claims are as follows:

ORGONE ENERGY BULLETIN
Vol. 1, No. 1 ___________January 1949

Page 13         A woman, aged 30, suffered a leg injury. The
                wound suppurated and did not heal for several
                weeks. After 3 sessions in the orgone accumula-
                tor, the wound closed * * *

Page 13         * * * cutaneous abscesses; even after only one
                treatment the abscesses receded, and after five
                further treatments they had completely dis-
                appeared. In the meantime, the child developed                                  some new abscesses; again they began to recede
                rapidly after the first orgone treatment.

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Page 13, 14     A  woman, aged 46, with a carcinoma of the liver,
                came for orgone treatment in the last stage of 
                her disease. Shortly before the appearance of
                the liver metastasis, she had been operated on
                for carcinoma of the left breast. She had lived
                in complete sexual abstinence for 17 years. Her
                menstruation was weak and always lasted
                only two days. The patient came for  treatment
                twice daily for half an hour and after two days 
                of treatment she felt much better, as her
                appetite increased and she was able to 
                walk with greater ease. Three days later, menstrua-
                tion occurred which, although still as weak as
                before, lasted four days for the first time.
                Her hemoglobin content rose from 75% to 85%
                within a week and her weight increased by 2
                lbs. * * *

Page 14         A patient, aged 56, with pseudomyxoma peritonei
                * * * had been constipated for half a year * * *
                After the first treatment, bowel movement was
                copious * * *

Page 15         A man, aged 56, with angina pectoris had his 
                first attack eight years ago and had had no 
                trouble whatever since then. A week before
                the beginning of the orgone treatment new 
                attacks set in, some of them of a serious
                nature. Consciousness was partly clouded. The
                attacks occurred with varying intensity several
                times a day, up to the first orgone treatment.
                After the first treatment, there were no more 
                attacks. * * *

Page 16         A patient, aged 62, with an arteriosclerotic
                heart disease became sick 5 years ago. He had
                been repeatedly hospitalized and his doctors
                had given him up on several occasions. After
                a few weeks of orgone treatment, he felt strong
                enough to take a walk for several miles in the
                glare of tropical sun at noon against medical 
                advice, a thing which he had been unable to do 
                for years. * * *

Page 16, 17     A woman, aged 65, suffered from a myodegeneratio
                cordis for 7 years. Two years ago she was
                hospitalized for several weeks because of her
                heart disease. Since all internal medication
                failed, and since the patient, after returning
                from the hospital, was no longer able to leave
                the house, her family decided to try orgone 
                therapy in spite of the skepticism of the physician
                in charge of the case. Her heart condition im-
                proved so much that the patient, after 3 weeks of
                orgone therapy, could do without any internal
                medication. Several weeks later, she was able for
                the first time to walk outside again, for half an
                hour. * * *

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Page 17 In a case of chronic bronchitis in a woman aged
                20, an improvement was visible after only 5 
                orgone treatments. Previous slight increases
                of temperature disappeared. * * *

Page 17, 18     A patient, 60, was suffering for years from a 
                duodenal ulcer. He was severely constipated during
                almost all of his life. The ulcer especially
                caused serious painful attacks which increased 
                after the patient's wife died several months ago.
                The constipation improved immediately after the
                first treatment. In the course of one month of
                treatment, the constipation, after first alternating
                with normal bowel movements, was completely
                eliminated. The pains disappeared after the forth 
                session. In addition to these results, 3 warts on 
                the left hand and a corn became smaller. The
                treatment is being discontinued.

Page 18         A patient, aged 20, with anemia was treated with
                the accumulator for a fortnight. The number of 
                erythrocytes rose from 3.7 million to 4 million 
                and her hemoglobin content rose from 70% to 80%.

Page 18         An inflammation of the eyeball after the 
                removal of a splinter disappeared altogether after having
                been subjected to radiation from an accumulator tube.

Page 18         A patient, aged 39, had a hemorrhage of the
                throat which lasted for hours and which ceased
                immediately following the first orgone treatment.


Vol. II, No. 1 ___________January 1950

Page 16, 17     A 53-year-old woman one year before the beginning
                of orgone treatment had a thrombophlebitis of the
                right calf. * * * After 1 week of orgone treatment,
                a reaction of very severe, almost unbearable, pain
                occurred. (In some other cases, we have also 
                observed that the pain increases at the beginning 
                of the orgone treatment. The transformation of lifeless 
                tissue into living tissue is of an inflammatory
                nature, and hence the cause of the pain is under-
                standable.) After 11 days of irradiation, the
                first significant improvement took place, manifested
                in the reduction of pain and also improved walking.
                The improvement continued. When she had had 1
                month of treatment, she could walk quite freely,
                even "run" * * *

Page 17         Buerger's disease. * * * One patient, a 40-year-
                old man, had suffered from this disease for the
                last 16 years. * * * When he came for orgone 
                treatment, there were wounds of a gangrenous

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                nature on several of his toes and the surgeon
                urgently recommended amputation. Instead of
                amputation, the patient decided to try the 
                orgone accumulator. After the first irradiation,
                he felt a strong prickling on his head and an
                especially strong prickling sensation on his feet,
                * * * After the second, third and fourth irradia-
                tions, the same phenomena appeared. After 
                the fifth, the wounds were dry for the first time in
                8 years. When he had had 8 irradiations, entirely 
                painless intervals occurred, whereas formerly the 
                patient suffered constant pain. * * * The legs, 
                which were ice cold before therapy, became 
                warmer. Previously the patient took about 2 
                dozen pills daily to combat the pain; now he 
                could get along with 1 or 2. The wounds started 
                to close. * * *

Page 18         * * * A second patient, aged 35, had been suffering
                from Buerger's disease for 10 years. * * * After 14
                days of irradiation twice daily, his walking was
                already very much improved. He no longer needed a 
                cane and the healing of his wounds progressed
                rapidly. * * *

Page 18         A 43-year-old patient suffered for many years from
                Buerger's disease. * * * After orgone treatment for
                1 month, he again wished "to exercise and to jump"
                (the patient is a gymnastics instructor). * * *

Page 20         A 39-year-old woman had been  suffering for 4 years
                from chronic sneezing; a specialist diagnosed her
                illness as "asthmatic sneezing." * * *

Vol. II, No. 3 ___________July 1950

Page 133        Re: Breast Cancer * * * The patient was only able
                to use the accumulator one half hour a day, six
                tomes, over a period of three weeks and then she 
                left the country. Very soon after that she 
                noticed that the lump had disappeared. When I 
                saw her on her return six weeks later, the tumor 
                had entirely disappeared and the chronic cystic
                mastitis had almost gone. Both breasts were of 
                normal consistency. In spite of the fact that I
                have seen many remarkable results from the orgone
                accumulator, and that I knew, malignant
                breast tumors disappear after 2 to 4 weeks of orgone 
                irradiation, what I saw here was still unbelievable.

Page 135        Re: Cancer of the Breast. There was a mass in
                the outer upper quadrant of the right breast. The 
                outer edge of the tumor was sharp and about 2 inches

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                in width. Proceeding medially, the tumor could
                not be differentiated from the rest of the tissue.
                Both breasts showed signs of chronic cystic mastitis.
                * * * Two weeks later I saw the patient after she
                had been using the orgone accumulator twice a day.
                The color of her skin was better and she seemed
                generally improved. The sharp edge of the tumor
                was gone and there remained only some enlarged
                gland tissue which was not differentiated from
                the rest of the breast tissue. Both breasts were
                much softer. Three weeks later the tumor 
                had completely disappeared.

Vol. III, No. 3 ___________July 1951

Page 165        Re: Ichthyosis * * * The patient began to use the
                orgone energy accumulator on September 15th 
                for daily thirty-minute irradiations. Within 2 weeks he
                reported a marked decrease in the itching and
                scaling. The skin began to assume a healthier
                pink color * * * Within 1 month after beginning
                the use of the accumulator he was free of itching
                and the scaling of the skin was present only on
                the legs.

The Discovery of the Orgone
Volume Two _____________The Cancer Biopathy

Page 140-143    Our orgone therapy experiments with cancer patients
                consist in their sitting in the orgone accumulator.
                The orgone energy which is concentrated in the 
                accumulator penetrates the naked body and is also 
                taken up by way of respiration. * * * I began with
                sessions of 30 minutes. * * * During the first
                session the skin between the shoulder blades
                became red; * * * During the next session, the
                redness of the skin spread to the upper part of
                the back and chest. * * * During the third, she 
                began to perspire, particularly under the arms;
                she related that during the past few years she
                had never perspired. All these reactions of 
                the organism to the orgone radiation are typical in all
                cancer patients. * * * Our patient came with a 
                hemoglobin of 35%. Two days later it was 40%; after
                4 days, 51%; after a week, 55%; after 2 weeks, 75%;
                and after 3 weeks, 85%, that is, normal.

                        (The foregoing also appears in Inte-
                        national Journal of Sex-Economy and
                        Orgone Research, Vol. 1, 1942, at
                        page 138 et seq.)

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Page 171-173

Page 199

Page 275-277

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                was no longer palpable after 2 weeks' treatment.
                * * * The fact should be remembered that none of
                our cases came to us shortly after the discovery
                of the tumor. They all had tried other methods
                for several years, and when they came to us, they
                had been given up as hopeless and were on the point
                of dying.

                        (The foregoing also appears in Inte-
                        national Journal of Sex-Economy and
                        Orgone Research, Vol. 2, 1943, pages
                        57, 58.)

Page 283        Anemias were eliminated within 3 to 6 weeks.

THE ORGONE ENERGY ACCUMULATOR
Its Scientific and Medical Use

Page 35         * * * Painful burns, cuts, bruises will stop
                smarting after a few minutes. * * * One can follow 
                the healing process as it runs its course. * * *
                According to the size of the injury, five to twenty
                minutes will suffice to set the healing process into
                rapid motion.

Page 36         The wounds heal in a matter of a few hours; severe 
                ones need a day or two.

                Orgone energy also sterilizes the wound. Micro-
                scopic observation shows that, for example, bacteria
                in the vagina will be immobilized after only one
                minute of irradiation through an inserted glass pipe 
                with steel wool.

23. When the said defendants cause the device to be introduced or delivered for introduction into interstate commerce, and while the devices are being held for sale after shipment in interstate commerce, the labeling thereof, consists in part, of a small metal plate affixed to, or, an ink impression stamped on, the side of the device. In addition the defendants mail from Rangeley, Maine, addressed to the consignee other items of labeling which are usually received within a few days, either before of after, delivery of the device. Some of these items are as follows:
        a.      Application For Use of The Orgone Energy Accumulator -
                on which the purchaser specified whether he desires the
                device for medical, non-medical or experimental use.

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        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

- 18 -


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

- 19 -


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

- 20 -


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

- 21 -


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

- 24 -


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

- 25 -


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.

- 26 -


The next 6 pages are Court Records which are the EXHIBITS A-F (click on Exhibits to see them) (pages missing 27,28,29,30,33,34,35,36,

EXHIBIT A

- 31-


EXHIBIT B

- 32-


EXHIBIT C

- 37-


EXHIBIT D

- 38 -


EXHIBIT E

- 39 -


EXHIBIT F

- 40-



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