1104. Misbranding of mixed drugs.    V. S. v. 4 Cartons of Mixed Drugs.    Default
decree of condemnation and destruction. (F. D. C. No. 10139. Sample No.
22779-F.)
On June 23, 1943, the United States attorney for the Eastern District of
Pennsylvania filed a libel against an article consisting of 4.cartons containing
2 unlabeled packages (about 10 pounds each) of mixed drugs, 9 1-pound pack-
ages of powdered sugar, and miscellaneous labeling, at Philadelphia, Pa., alleging
that the article had been shipped on or about June 9,1943, from New York, N. Y.,
by Elsie Bleeker; and charging that it was misbranded. The cartons, some of
which bore the name "Natura," others "Nu-Vita," all carried the statement:
"Contents: Licorice, Sulphur, Cascara Sag., Senna, Bicarb. Soda, Magnesium
Sulphate, USP, Sugar."
Examination of the unlabeled mixed drugs showed that they contained senna,
Epsom salt (magnesium sulfate), sodium bicarbonate, and sulfur.
The article was alleged to be misbranded because of false and misleading
statements appearing in its labeling which represented and suggested that it
was an effective treatment for low or high blood pressure, rheumatism, backache,
getting up nights, child bed-wetting, and swollen feet; that it was an "Herb
Powder" ; and that it was a product of either Mexico or America. It was alleged
to be misbranded further (1) in that it failed to bear a label containing the
name and place of business of the manufacturer, packer, or distributor, and an
accurate statement of the quantity of contents; (2) in that its label failed to
bear the common or usual name of each active ingredient of the preparation;
(3) in that its labeling failed to bear adequate directions for use since the article
was a laxative and the directions which appeared in the labeling provided for
continuous administration, whereas a laxative should not be used continuously;
and (4) in that its labeling failed to bear adequate warnings against unsafe dura-
tion of administration since its labeling failed to warn that frequent or continued
use of a laxative might result in dependence upon a laxative to move the bowels.
On July 12,1943, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.