557. Misbranding- of Velpans Pills. TJ. S. v. 4% Dozen Packages of "Velpaus Pills.
Default decree of condemnation and destruction. (F. D. C. No. 5106.
Sample No. 29500-E.)
This product, in addition to failure to bear adequate directions for use and
warning statements, bore false and misleading therapeutic claims.
On July 9, 1941, the United States attorney for the Southern District of Ohio
filed a libel against the above-named product at Columbus, Ohio, alleging that it
had been shipped on or about June 2,-1941, by F. W. Briggs & Co. from Buffalo,
N. Y.; and charging that it was misbranded.
Analysis of a sample of the article showed that it consisted essentially of aloes,
ferrous sulfate, myrrh, and starch, together with volatile oils including savin oil,
and coated with sugar and chalk.
The article was alleged to be misbranded: (1) In that it failed to bear adequate
directions for use since those given on the carton and in the circular were not
appropriate for the administration of a laxative. (2) In that the labeling failed
to bear adequate warnings against use in those pathological conditions where its
use might be dangerous to health, or against unsafe dosage or methods or dura-
tion of administration or application, in such manner and form, as are necessary
for the protection of users, since the warning which was printed on the circular
failed to convey the information that this particular article should not be taken
when suffering from nausea, abdominal pain, vomiting, or other symptoms of
appendicitis and that frequent or continued use might result in dependence upon
a laxative. (3) In that the following statements, "Two days before the expected
menstruation take one pill before meals and at bedtime. Bathe the feet and
lower legs in hot mustard water. Drink freely of hot ginger tea. Cover up and
keep warm. This preparation may be dangerous and should be used under medi-
cal supervision," were false and misleading since it did not constitute a treatment
for delayed menstruation and would not be effective when used under medical
supervision. (4) In that the following statements, "In constipation cases we
recommend a mild cathartic to keep the bowels open and easy. Exercise in the
open air is helpful, keeping the body and feet warm. Not for habitual use. In
case of nausea, abdominal pain, or vomiting, avoid the use of all laxatives and
cathartics," were false and misleading since they failed to reveal that it was a
laxative and they created the impression that some other product should be taken
if a laxative action were desired.
On October 10, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.