486. Misbranding  of Dickson's Herb-Lax Tonic.     U.  S.  v.  Addison H. Dickson
(A.H.Dickson).     Plea of guilty.     Fine, $100.     (F. D. C. No. 2837.     Sample
No. 0583-E.)
This product was falsely labeled to imply that it was a laxative compound
composed entirely of, and deriving its laxative properties solely from, herbs.
Furthermore, it bore false and misleading representations regarding its efficacy
as a tonic and in the treatment of certain diseases.
On October 8, 1940, the United States attorney for the Western District of
Tennessee filed an information against Addison H. Dickson, trading as A. H.
Dickson, at Memphis, Tenn., alleging shipment on or about May 3, 1940, from
the State of Tennessee into the State of Louisiana, of a quantity of Dickson's
Herb-Lax Tonic that was misbranded.
Analysis of a sample of the article showed that it consisted essentially of Epsom
salt (approximately 28 grams per 100 cc), small proportions of methenamine,
salicylic acid, sodium benzoate, plant extracts including nux vomica, and a
resinous substance such as podophyllum, a trace of iron, and water flavored with
peppermint oil.
This drug was alleged to be misbranded in that its name or designation "Herb-
Lax Tonic," borne on the bottle label, was false and misleading since it repre-
sented that the drug was a laxative compound composed entirely of herbs and that
it derived its laxative properties solely from herbs; whereas it was not a laxative
compound composed entirely of herbs but did consist in part of Epsom salt, a
mineral substance; and it did not derive its laxative properties solely from herbs
but did derive its laxative properties in large part from Epsom salt. It was
alleged to-be misbranded further in that the following statements "Herb-Lax
Tonic * * * Recommended for Indigestion * * * Biliousness, Nervousness,
Bad Blood, Rheumatism, Urinary Troubles and General Rundown Conditions,"
borne on the bottle label, were false and misleading since it was not efficacious for
such purposes.
On October 31, 1940, the defendant entered a plea of guilty and the court
imposed a fine of $100.