805. Adulteration and misbranding of Cherry Balsam and misbranding of
Arabian Oil liniment, Mentho-Thymoline, Mettozone Tablets, Climax C. &
P. R., and Bu-U Diuretic. U. S. v. Standard Drug Co., Inc. Plea of nolo
contendere.   Fine, $5.00.   Fine suspended during good behavior.    (F. D. C.
"No. 6446.    Sample Nos. 37487-E to 37489-E, incl., 37796-E to 37799-E, incl.)
These products were misbranded because of false and misleading curative and
therapeutic claims in the labeling and were further misbranded in the following
respects: The labels of the Arabian Oil and the Mettozone Tablets, the former
a rubefacient containing ammonia and turpentine and the latter containing
zinc phosphide and cantharides, failed to bear necessary and adequate warning
statements; the Cherry Balsam contained a smaller amount of chloroform
than declared, the Mentho-Thymoline failed to bear a statement of the quantity
of the contents and the cartons of the Cherry Balsam, Arabian Oil, Climax
C. & P. R. and the Bu-U Diuretic were much larger than was necessary to
hold the bottles.
On August 4, 1942, the United States attorney for the Western District of
South Carolina filed an information against the Standard Drug Co., Inc.,
Spartanburg, 15. C, alleging shipment on or about February 28 and March 13,
1941, from the State of South Carolina into the States of North Carolina and
Georgia of quantities of the above-named drugs, all of which were misbranded;
the Cherry Balsam was also adulterated.
* See also Nos. 837, 845.
tially of extracts of plant drugs, chloroform 0.76 minim per fluid ounce, sugar,
and water. It was alleged to be adulterated in that its strength differed from
and its quality fell below that which it purported and was represented to
possess, since it was represented to contain 2 minims of chloroform per fluid
ounce, whereas it contained not more than 0.76 minim of chloroform per fluid
ounce. It was alleged to be misbranded (1) in that its labeling bore false
and misleading representations regarding its efficacy in the cure, mitigation,
treatment or prevention of chronic coughs; (2) in that its container was so
made, formed, and filled as to be misleading; and (3) in that the statements,
"Chloroform 2 minims to Fl. Oz.," and "Each Fluid Ounce Contains 2 minims
Chloroform," were false and misleading.
Analysis of a sample of the Arabian Oil showed that it consisted essentially
of soap, ammonia, turpentine, and water. It was alleged to be misbranded
(1) in that it was a rubefacient, containing ammonia and turpentine and might
cause irritation of the skin, particularly if applied with rubbing, and it should
not be allowed to get into the eyes or on the mucous membranes and its
labeling did not bear warnings to that effect; (2) in that its labeling bore false
and misleading representations regarding its efficacy in the cure, treatment or
prevention of pain incident to rheumatism, lame back, stiff joints, croup, swell-
ings, wounds, etc.; and (3) in that its container was so made, formed, and
filled as to be misleading.
Analysis of a sample of the Mentho-Thymoline showed that it consisted
essentially of small proportions of camphor, menthol, and thymol, incorporated
,in a petrolatum base. It was alleged to be misbranded (1) in that its labeling
bore false and misleading representations regarding its efficacy in the cure
or treatment of inflammations, colds, croup, sore throat, burns, wounds, piles,
headache, and earache; (2) in that the name "Mentho-Thymoline" was mis-
leading, since it suggested that the article consisted solely of menthol and
thymol, whereas it did not so consist, but did contain other active ingredients;
and (3) in that its label failed to bear an accurate statement of the quantity
of the contents.
Analysis of a sample of the Mettozone Tablets showed that they consisted
essentially of small proportions of extracts of plant drugs, including nux vomica,
and a phosphide of some metal such as zinc. It was alleged to be misbranded:
(1) In that it contained zinc phosphide, the frequent or continued use of which
might lead to chronic phosphorus poisoning, and it contained cantharides, the use
of which might cause nausea, vomiting, and abdominal pain and might seriously
injure the kindeys, and its labeling did not warn of such dangers, and its use by
persons afflicted by disease of the kidneys might be especially dangerous; (2)
in that its labeling bore false and misleading representations regarding its
efficacy in the cure, mitigation, treatment or prevention of sexual debility,
weakened sexual powers, or impotency.
Analysis of a sample of the Climax C. & P. K. showed that it consisted essentially
of extracts of plant drugs including capsicum, chloroform, alcohol, and water.
It was alleged to be misbranded in that its labeling bore false and misleading
representations regarding its efHcacy in the cure, mitigation, treatment or preven-
tion of pain in the bowels, cramp, colic, and diarrhea; and in that its container
was so made, formed, and filled as to be misleading.
Analysis of a sample of the Bu-U Diuretic showed that it consisted essentially
of extracts of plant drugs, small proportions of potassium acetate, alcohol, and
water, preserved with sodium benzoate and colored with caramel. It was alleged
to be misbranded in that representations in the labeling that it was a diuretic and
would strengthen the kidneys and would assist in eliminating poisons and wastes
from the system were false and misleading since it was not a diuretic, and would
not be efficacious for the purposes claimed; and in that its container was so made,
-formed, and filled as to be misleading.
On September 14,1942, the defendant having entered a plea of nolo contendere,
the court imposed a fine of $5.00 and ordered that payment be suspended during
good behavior by the defendant.