1106. Adulteration and misbranding of "Be" Bex, and misbranding of Hi-Test
Pine Extract. U. S. v. Oxford Products, Inc., and Jerome H. Rose.
Pleas of guilty, fine of $300 and costs imposed against each defendant;
sentence against corporate defendant suspended. (F. D. C. No. 9673.
Sample Nos. 6725-F, 8706-F.)
On September 16, 1943, the United States attorney for the Northern District of
Ohio filed an information against Oxford Products, Inc., Cleveland, Ohio, and
Jerome H. Bose, president of the corporation, alleging shipment from the State
of Ohio into the State of Iowa of a quantity of "Be" Bex, on or about December 23,
1942, and from the State of Ohio into the State of Missouri of a quantity of
Hi-Test Pine Extract, on or about January 16, 1943.
Analysis of the "Be" Bex disclosed that it contained approximately 330 Inter-
national Units of vitamin Bi per fluid ounce. The article was alleged to be
adulterated in that its strength differed from and its quality fell below that
which it was represented to possess, since it was represented to contain 660
International Units of vitamin Bi per fluid ounce, whereas it contained less than
that amount It was alleged to be misbranded because of false and misleading
statements on its label which represented and suggested that the article would
aid in promoting the appetite and in protecting the body from nerve disorder
resulting from vitamin deficiency; that it would be efficacious in the cure, mitiga-
tion, treatment, or prevention of retarded growth, constipation, migraine head-
aches, and nutritional anemia; and that it would be helpful in the promotion of
greater vigor, better functional digestion, and wholesomeness of the skin. It
was alleged to be misbranded further in that the statements on its label were
misleading which represented and suggested that poor appetite, nerve disorder,
retarded growth, constipation, migraine headaches, nutritional anemia, lack of
vigor, poor digestion, and unwholesomeness of the skin were usually caused by
lack of the vitamins contained in the article; and that the user might reasonably
expect correction and alleviation of those conditions by the use of the article,
whereas such conditions are not usually caused by lack of the vitamins contained
in the article, but usually result from other causes, and the user might not
3 See also No. 1102.
reasonably expect correction and alleviation of those conditions by use of the
article as directed or otherwise, since it would not ordinarily be efficacious for
such purposes. The article was also alleged to be adulterated and misbranded
under the provisions of the law applicable to foods, as reported in the notices
of judgment on foods.
Analysis of the Hi-Test Pine Extract disclosed that it had the odor of creosote,
and contained not more than 1.49 minims of chloroform per fluid ounce and not
more than 4.36 percent of alcohol by volume. The article was alleged to be mis-
branded in that the statements on its label, "22 Minims Chloroform per fid. oz.,"
and "Alcohol 17? Chloroform 22 Minims Per Fluid Ounce," were false and mis-
leading ; and in that the words "Pine Extract" were misleading, since they sug-
gested that the article was composed solely of pine extract and derived its
therapeutic properties solely from the pine extract, whereas the article contained
therapeutically active ingredients other than pine extract, i. e., creosote and
chloroform.
On October 25, 1943, the defendants entered pleas of guilty and the court sen-
tenced the individual defendant to pay a fine of $50 on each of the first 4 counts
relating to the "Be" Bex, and a fine of $100 on the fifth count relating to the
Hi-Test Pine Extract, a total fine of $300 and costs. The same sentence was
imposed against the corporate defendant, but this sentence was suspended.