143. Misbranding: of Capsules Ka-No-Mor.    U.  S. v. 144 Packages of Capsules
Ka-Jfo-Mor.    Default decree of condemnation and destruction.     (F. D. C.
No. 1941.    Sample No. 14238-E.)
This product contained acetanilid, caffeine, and aspirin; and it would be
dangerous to health when used in the dosage or with the frequency or duration
prescribed, recommended, or suggested in the labeling. It was misbranded
further for the reasons indicated below.
On May 9, 1940, the United States attorney for the District of Delaware filed
a libel against 144 packages of Ka-No-Mor at Wilmington, Del., alleging that
the article had been shipped in interstate commerce on or about April 23, 1940,
by A. G. Luebert, P. D., from Coatesville, Pa.; and charging that it was
misbranded.
It was alleged to be misbranded in that the labeling bore representations that
it would give quick relief from pains and aches, headache, neuralgia, colds,
fever, toothache, neuritis, and rheumatic pains; would relieve pain and dis-
comfort of simple headaches and neuralgias, head colds, muscular pains and
aches; and that it did not contain opiates or narcotics in any form, that one
capsule should be taken with a half glass of water and repeated in 20 minutes
if necessary, then one every 3 hours as required; that for simple headaches one
capsule should be taken with a glass of water and if not relieved within 1 hour,
that the dose should be repeated; that when pain is severe, one capsule could
be taken every 3 hours until relief is obtained; that for simple neuralgia, such
as nerve pains of the head, face, back or limbs, 1 capsule should be taken with
a glass of water; repeated in 1 hour if necessary and continued every 3 or 4
hours as required; that it would relieve toothache and was splendid for the
relief of pain after extraction of teeth and would relieve the ache after sensitive
teeth had been filled; that common colds would usually respond more quickly
if one capsule were taken every 3 hours; that it would tend to reduce fever
and that it could be taken regularly every 4 hours if required when pain is
severe and continual, which representations were false and misleading in that
they created the impression that the article constituted an appropriate treat-
ment for these conditions; whereas it was not such a safe and appropriate
remedy but was a dangerous drug and also because the label failed to reveal
the fact, material in the light of the representations above referred to, that the
use of the article in accordance with directions might cause serious blood
disturbances, anemia, collapse, or dependence on the drug.
It was alleged to be misbranded further in that its label failed to bear
adequate directions for use and adequate warnings for the protection of users.
It was alleged to be misbranded further in that it was dangerous to health
when used in the dosage or with the frequency or duration prescribed,
recommended, or suggested in the labeling.
On June 10, 1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.