610. Misbranding of Atop Nerve Tonic. U. S. v. 8 Dozen Bottles of Atop. Default
decree of condemnation and destruction. (F. D. C. No. 6217. Sample No.
74150-E.)
In addition to failure to bear adequate warning statements, the labeling of
this product bore false and misleading therapeutic claims.
On November 15, 1941, the United States attorney for the Southern District
of New York filed a libel against 8 dozen bottles of Atop Nerve Tonic at New
York, N. Y., alleging that the article had been shipped on or about September 15
and October 20, 1941, by the W. J. Gilmore Drug Co. from Pittsburgh, Pa.; and
charging that it was misbranded.
Analysis of a sample of the article showed that it consisted essentially of
chloral hydrate (12 grains per fluid ounce) and sodium bromide (29 grains per
fluid ounce).
The article was alleged to be misbranded: (1) In that the labeling contained
(a) no warning that it should not be taken by persons suffering from kidney
diseases; (b) no warning that not more than the recommended dose should be
taken; and (c) no warning that frequent or continued use might lead to mental
derangement, skin eruptions, or other harmful effects. (2) In that representa-
tions in the labeling that it was an appropriate treatment for nervous exhaustion
and that it relieved such symptoms as irritability, sleeplessness, headache,
dyspepsia, eye fatigue, etc.; that it would overcome fear; that it would be an
efficacious treatment for the delicate mental and emotional disorders of children;
that it would prevent functional disturbances of the gastro-intestinal tract,
cardiac system, and pelvic organs; that it would restore the normal impulses
to the gastro-intestinal tract and relieve auto-intoxication; that it would help
correct disorders of the endocrine glands; that it was an appropriate treatment
for the effects of alcoholic indulgence; that it was conducive to quiet recovery
from surgical shock; that it was invaluable in anginoid cases and exceedingly
.helpful in other cardiac cases; and that it was of value in convalescence by
increasing the appetite and assisting in regaining vitality, were false and mis-
leading since it would not be efficacious for such purposes..
On December 3, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.