1101. Misbranding; of intrauterine paste. U. S. v.* Anne SI. .Jenks (Dependon
Products and Jenks Physicians Supplies). Plea of guilty. Fine, $200
and imprisonment for 9 months. (F. D. C. No. 9627. Sample Nos. 16897-E,
16898-E, 22384-E, 22398-E.)
On June 29, 1943, the grand jurors for the District of Minnesota returned an
indictment against Anne M. Jenks, doing business as Dependon Products and
"Jenks" Physicians Supplies, St. Paul, Minn., alleging shipment from the State
of Minnesota into the States of Missouri and California within the period from
on or about September 16 to November 19, 1941, of quantities of the above-
named products, which was misbranded.
Analysis disclosed that the article consisted essentially of potassium iodide,
soap, alcohol, and water, and that it contained no free iodine.
The article in one of the Missouri lots and one of the California lots was
alleged to be misbranded in that the statements in its labeling, "Intrauterine
Paste   *   *    *   Caution-To be used only by a physician with adequate and
> For omission of, or unsatisfactory, inpredients statement, see Nos. 1103,1104; omission of name and place
of business of manufacturer, packer, or distributor, No. 1104; failure to bear accurate statement of quantity
of contents, No. 1104; inconspicuousness of required label information, No. 1105; cosmetic, subject to the
drug provisions of the Act, No. 1133.
2 See also No. 1139 for abortifacient also alleged to be unsafe and dangerous.
636099-45 1 
271
continuous supervision and employing modern surgical asespis," Vere false and
misleading since such statements represented and suggested thatthe^article would
be safe and appropriate for injection into the uterine cavity, whergas .the article,
whether used by a physician with adequate and continued supervision and em-
ploying modern surgical asepsis or otherwise, would not be safe and appropriate
for injection into the uterine cavity, but would be unsafe and dangerous when
used for such purpose, and was capable of producing serious and even fatal
consequences.
The article in the remainder of the California and Missouri lots was alleged to
be misbranded in that it was dangerous to health when used in the dosage or with
the frequency or duration prescribed, recommended, or suggested in its labeling.
This portion of the Missouri lots was alleged to be misbranded further (1) in that
the statements appearing in its labeling, "Intrauterine Paste * * * Caution-
To be used only by a physician with adequate and continuous supervision and
employing modern surgical asespis," and "For Induction of Labor * * * For
Incomplete Miscarriage," were false and misleading since they represented and
suggested that the article would be safe and appropriate for injection into the
uterine cavity for purposes of inducing labor, terminating pregnancy, or remov-
ing retained portions of the products of conception, whereas the article, whether
used by a physician with adequate and continued supervision and employing
modern surgical asepsis or otherwise, would not be safe and appropriate for such
purposes, but would be unsafe and dangerous and was capable of producing
serious and even fatal consequences; and (2) in that the statements on the
labeling, "For Dysmenorrhea * * * For Endometritis, Cervical and Uterine
Discharges" were false and misleading since the article would not be an effective
medicament for the treatment of dysmenorrhea, endometritis, or cervical or
uterine discharges.
On September 11,1943, the defendant entered a plea of guilty, and on November
2,1943, the court imposed a fine of $200 and a sentence of 9 months in jail.