500. Misbranding-   of   Dr.   Carey's   Marsh   Root   Prescription   777   Tablets    (and
Laxative Pills). U. S. v. 105 Packages of Dr. Carey's Marsh Root Prescrip-
tion   777   Tablets.     Default   decree   of   condemnation   and   destruction. ,-
(F. D. C. No. 3134.-   Sample No. 1391-E.) 
On or about October 7,1940, the United States attorney for the Western District
of Virginia filed a libel against 105 packages of the above-named products at
Roanoke, Va., which had been consigned by the Earle Soap Manufacturing Co.,?(
alleging that the article had been shipped from Baltimore, Md., on or about
September 13, 1940; and charging that it was misbranded. Accompanying each
bottle of this product was an envelope that contained 4 pills labeled "Dr. Carey's
Marsh Root Laxative Pills."
Analyses of samples showed that the Prescription 777 Tablets consisted essen-
tially of plant drugs including a laxative drug and an alkaloid-bearing drug,
methyl salicylate, sodium salicylate, potassium nitrate, sugar, starch, and talc;
and that the Laxative Pills consisted essentially of plant material, including a
laxative drug.
The packages of Marsh Root Prescription 777 Tablets were alleged to be mis-
branded in that the names "Dr. Carey's Marsh Root Prescription 777 Tablets"
and "Dr. Carey's Marsh Root Laxative Pills" were false and misleading since
the tablets and the pills both contained therapeutically active ingredients other
than marsh root. They were alleged to be misbranded further in that statements
appearing upon and within the package representing that Prescription 777 Tablets
would be efficacious as a diuretic, as a stimulant of the kidneys and urinary sys-
tem, and as a cure, preventive, or mitigation of kidney diseases; and that the
Laxative Pills would be efficacious as a tonic, that they were "gentle as Nature,"
that they were not habit-forming, that they were of value for sufferers of kidney
or bladder troubles, and that it is necessary for an individual to have laxation
before any medication is effective, were false and misleading since the tablets
and the pills would not be efficacious for such purposes.
On January 14, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.