?55. Misbranding of Bi-Sal Tablets. U. S. v. 237 Bottles of Bi-Sal Tablets. De-
fault decree of condemnation and destruction. (F. D. C. No. 9051. Sample
No. 37708-F.)
On December 24, 1942, the United States attorney for the Northern District of
Illinois filed a libel against 237 bottles of Bi-Sal Tablets at Chicago, 111., alleging
that the article had been shipped on December 3, 1942, in interstate commerce
from Cleveland, Ohio, by Oxford Products, Inc.; and charging that it was mis-
hranded.
Analysis showed that the article contained phenolphthalein, extracts of plant
drugs, including capsicum (cayenne pepper), bile extract, and an alkaloid-bearing
drug, such as nux vomica.
The article was alleged to be misbranded in that the name "Panogestic Enzymes
with Bile Salts Compound" was misleading since the article was essentially a
laxative and its physiologic effect was due principally to phenolphthalein, which
is neither an enzyme nor a bile constituent, but is a coal tar derivative. The
article was alleged to be misbranded further (1) in that the statement appearing
in its labeling, "This combination is used * * * in certain forms of Gall
Bladder and Bile Duct Infections," was false and misleading since the statement
represented and suggested that the article was effective in the treatment of cer-
tain forms of gall bladder and bile duct infections, whereas it was not an effective
treatment for any form of such infections, but was essentially a laxative; and
(2) in that, its labeling failed to bear adequate directions for use since the direc-
tions appearing in the Labeling "2 tablets about 2 hours after Breakfast and-2
tablets at Bedtime" represented and suggested that the article be taken repeatedly,
whereas a laxative should not be directed to be taken repeatedly and such repre-
sentation and suggestion was not corrected by the label statement "To avoid the
'laxative habit'do not take continuously."
On March 29, 1943, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.