440. Misbranding; of Cascarln Compound Tablets.    U. S. v. 573 Bottles of S. C.
Tablets Cascarln Compound Dr. Hinkle Ho. 3. Default decree of con-
demnation and destruction.    (F. D. C. No. 3638.    Sample No. 32634-E.)
On January 9, 1941, the United States attorney for the District of Arizona
filed a libel against 578 bottles of the above-named product at Phoenix, Ariz.,
alleging that the article had been shipped by the Boyce Pharmacal Co. from
Los Angeles, Calif., on or about July 10, 1940; and charging that it was
misbranded.
Analysis of a sample showed that the tablets each contained alkaloidal ma-
terial including strychnine sulfate (approximately 0.024 grain), podophyllin
(approximately V& grain>, aloin (? grain), and an emodin-bearing drug such
as cascara sagrada.
The article was alleged to be misbranded in that the label failed to bear
adequate warnings against use in those pathological conditions or by children
where its use may be dangerous to health or against unsafe dosage or duration
of administration in such manner and form as are necessary for the protection
of users, since it did not inform the purchaser that the tablets should not be taken
when symptoms of appendicitis are present and that its use by children and
elderly persons is particularly dangerous, and did not warn against frequent
or continued use of the article when such use is capable of causing dependence
upon laxatives to move the bowels. It was alleged to be misbranded further
(1) in that the designation "Oascarin Compound," appearing on the label, was
false and misleading since it suggested that the essential ingredient in the
preparation was derived from some species of cascara when in fact its principal
active ingredients were aloin, podophyllin, and strychnine; (2) in that the
designation "Dr. Hinkle No. 3," appearing on the label, was false and misleading
since it created the impression that the article had the essential composition
described in the National Formulary for Hinkle's pills when in fact its com-
position differed therefrom, particularly in that it contained strychnine sulfate,
which is not an ingredient of Hinkle's pills; and (3) in that the label failed to
bear the common or usual name of each of its active ingredients since the coined
word "Oascarin," appearing on the labei in the list of ingredients, was not the
common or usual name of any drug.
On February 10,1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.