1057. Misbranding of Korjena. U. S. v. 25 Gross Packages of Korjena (and 26
other seizure actions against Korjena). Decrees of condemnation and
destruction. (F. D. C. Nos. 9113, 9276 to 9278, incl., 9331, 9335, 9381, 9402,
9415, 9425, 9516, 9522, 9544, 9555, 9557, 9586, 9597, 9720, 9732 to 9734, incl.,
9753, 9754, 9781, 9782, 9812, 9824. Sample Nos. 711-F, 734-F, 1383-F, 1384-F,
3555-F, 3593-F, 6095-F, 7698-F, 8694-F, 13925-F, 14805-F, 16141-F, 20164-F,
20504-F, 21470-F, 21673-F, 23334-F, 28169-F, 31973-F, 32488-F, 32489-F,
37633-F, 44590-F, 44616-F, 44619-F, 44621-F.)
Between January 5 and April 23, 1943, the United States attorneys for the
Southern District of California, the Eastern and Western Districts of Missouri,
the Eastern and Western Districts of Pennsylvania, the Eastern and Western
Districts of Michigan, the Southern District of Florida, the Northern and Southern
Districts of Ohio, the Northern District of Illinois, and the Districts of Minnesota,
Colorado, Rhode Island, New Jersey, Connecticut, and Massachusetts filed libels
against the following quantities of Korjena: 348 dozen packages at Los Angeles,
Calif.; 239^4 dozen packages at Kansas City, Mo.; 63? dozen packages at Phil-
adelphia, Pa.; 11? dozen packages at Erie, Pa.; 9? dozen boxes at Minneapolis,
Minn.; 132 dozen packages at Detroit, Mich.; 21? dozen packages at Denver,
Colo.: 3? dozen packages at Pawtucket, R. I.; 42 dozen packages at Tampa, Fla.;
26 dozen packages at Jersey City, N. J.; 11? dozen packages at Cincinnati, Ohio;
151? dozen packages at Chicago, 111.; 30? dozen packages at West Haven, Conn.;
473?2 dozen packages at Grand Rapids, Mich.; 8 dozen packages at Newark,
N. J.; 10?2 dozen packages at Boston, Mass.; 25? dozen packages at Cleveland,
Ohio; 14? dozen packages at St. Paul, Minn.; 20? dozen packages at Youngs-
town, Ohio; 40?2 dozen packages at St. Louis, Mo.; and 37? dozen packages
at Passaic, N. J. It was alleged that the article had been shipped within the
period from on or about August 4, 1942, to March 5, 1943, from Elmira, N. T., by
the Korjena Medicine Co.; and it was charged that it was misbranded.
Examination showed that the article was in the form of tablets which con-
sisted essentially of phenolphthalein (1 grain per tablet), calcium carbonate,
material derived from bile, and calcium iodide.
The article was alleged to be misbranded in that the following statements ap-
pearing in its labeling, "A Dependable Treatment for the Reduction of Excessive
Fat * * * This Treatment is Guaranteed Dependable and may be taken
with Complete Confidence * * * Especially in overweight cases of long
standing these tablets should be faithfully taken regularly as directed. Two or
three packages are usually required for the best results * * * This treatment
is dependable in normal conditions. * * * All normal cases of excessive
weight may confidently follow above directions. * * *," were false and mis-
leading since the article was not a dependable, safe, and adequate treatment for
the reduction of excess fat or weight. It was alleged to be misbranded further in
that its label failed to bear adequate directions for use, since the article was a lax-
ative and the directions which appeared in the labeling provided for continuous ad-
ministration, whereas a laxative should not be used continuously; and in that its
labeling failed to warn that the article should not be used when abdominal pain,
nausea, vomiting, or other symptoms of appendicitis are present; that frequent or
continued use of the article might result in dependence upon laxatives; and that if
a skin rash should appear its use should be discontinued.
Between February 13 and August 9, 1943, no claimant having appeared, judg-
ments of condemnation were entered and the product was ordered destroyed.