X811. Misbranding: of Brown's Nosopen. U. S. v. 12 Cartons of Brown's Nosopen*?Default decree of condemnation and destruction. (F. D. C. No. 7640.
Sample No. 83803-E.)
On June 16,1942, the United States attorney for the Southern District of Texas
filed a libel against 12 cartons of Brown's Nosopen at Houston, Tex., alleging
that the article had been shipped in interstate commerce on or about January 7,
1942, from Lawton, Okla., by the Am-Bro Co.
Examination showeiTThat the article contained 2 units designated "No. 1 Solu-
tion" and "No. 2 Solution," respectively. Analyses of samples showed that the No.
1 solution consisted essentially of ephedrine sulfate (approximately 1 percent),
chlorobutanol, and water; and that the No. 2 solution consisted essentially of
ephedrine alkaloid (approximately ? percent), and small proportions of volatile
oils including camphor, menthol, and oil of eucalyptus in a mineral oil base.
The article was alleged to be misbranded (1) in that both solutions contained
ephedrine but the labeling failed to warn that frequent or continued use might
cause nervousness, restlessness, and sleeplessness and that it should not be used
by individuals suffering from high blood pressure, heart disease, diabetes, or
thyroid trouble except upon competent advice, and in that the No. 2 solution
contained mineral oil and its labeling failed to warn frequent or excessive use
might cause injury to the lungs and that it should not be given to infants and
younger children except on competent advice; (2) in that its name, "Nosopen,"
was false and misleading since it represented and suggested that it would open
the nasal passages and make breathing easier, whereas it would not accomplish
such results; and (3) in that a statement on the label, "Discomforts of Hay-
Fever, Asthma, Sinus-Head-Colds," was false and misleading since it represented
and suggested that the article would be efficacious for all discomforts of the con-
ditions described, whereas it would be effective only to lessen nasal congestion.
On July 31, 1942, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.
812.