901. Action to restrain Interstate shipment of "Interfering' a mlsbranded drug.
U. S. v. Don Curtis Keefer (Keefer Laboratories). Permanent injunction
granted.     (Inj. No. 33.)
On June 29, 1942, the United States attorney for the Northern District of
Ilinois filed a complaint against Don Curtis Keefer, trading as the Keefer Lab-
oratories at Chicago, 111., alleging that the defendant for several months past and
more particularly on or about November 3 and November 27, 1941, had been and
was introducing and delivering for intoduction into interstate commerce, a drug
labeled and designated "Interferin"; that the drug was compounded of potas-
sium soap, sodium soap, potassium iodide, benzoic acid, fats and oris, alcohol, and
water, and was so compounded and manufactured as to form a paste; that it was
sold in a collapsible tube of 60 cc. capacity, bearing a label and packed in a
cardboard carton together with implements to be employed in the injection of
the paste; that enclosed in the cardboard carton and accompanying the article
was a leaflet which contained certain statements in reference to the efficacy of
the drug and as to the quantity, dosage, and administration thereof; that the
statements appearing in the labeling represented, suggested, and engendered the
impression in the mind of the reader that the drug was a safe and effective
medicament for effecting abortion, whereas it was not such a safe and effective
medicament, but was a drug which has dangerous effects on the human body;
and that the article was further misbranded in that it was dangerous to health
i For omission of accurate statement of quantity of contents, see Nos. 908, 911, 914, 932, 934; omission of,
or unsatisfactory, ingredients statements, Nos. 907,908,911, 926,932, 935, 940,942; inconspicuousness of re-
quired label information, Nos. 913,923; deceptive packaging, Nos. 930,938; no new-drug application effective,"
No. 910; presence of a habit-forming narcotic without warning statement, Nos. 904, 911, cosmetic, sub-
ject to the drug provisions of the Act, No. 942.
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when used in the dosage and with the frequency and duration prescribed, recom-
mended, and suggested in the labeling.
The complaint alleged further that the defendant, unless restrained and en-
joined, would continue to introduce and deliver the article for introduction into
interstate commerce, misbranded in the manner aforesaid, and would similarly
continue to evade and defeat the provisions of the law to the injury of the public;
and prayed that the defendant, his agents, employees, and representatives, and
all others acting by or under his direction or authority, and all persons, firms,
companies, and corporations and their respective officers, servants, employees,
and representatives in active concert or participation with the defendant, be
perpetually enjoined and restrained from, in any manner of by any device,
directly or indirectly, further introducing or delivering the article, or a similar
article for introduction into interstate commerce, misbranded in the manner
aforesaid, or similarly, and that, upon hearing, a preliminary injunction be
granted restraining the defendant during the pendency of the action.
On July 3, 1942, the matter having come on before the court for hearing on
the complaint and affidavits filed by the United States attorney, the court
entered a preliminary injunction. On July 30,1942, a permanent injunction was
entered as prayed in the complaint.