1229. Misbranding- of Stumicaid.    U. S. v. Vernon F. Hoobler  (Hoobler & Hazel
Laboratory).    Plea of gpailty.    Fine, $500 and costs.     (F. D. C. No. 10626.
Sample No. 22078-F.)
On January 18, 1944, the United States attorney for the Northern District of
Ohio filed an information against Vernon F. Hoobler, trading as the Hoobler &
Hazel Laboratory, Dalton, Ohio, alleging shipment of a quantity of Stumicaid,
on or about February 25, 1943, from the State of Ohio into the State of Pennsyl-
vania.
Analysis disclosed that the article consisted of yellowish-white, horny masses,
consisting chiefly of organic protein material, with a small amount of plant
material, including anise and a laxative drug such as senna.
The article was alleged to be misbranded because of false and misleading
statements appearing in its labeling which represented and suggested that it
would be efficacious in the cure, mitigation, treatment, or prevention of stomach
trouble; that it would help restore the stomach to a normal condition; that it
would be efficacious in the treatment of unusual distress, sick stomach, vomiting,
and similar conditions indicated by the abbreviation "etc.," gas pains after
eating, belching, bloating, heartburn, pimples, nervous stomach, stomach ulcers,
too much acid and the effect of over-indulgence, stomach disorders developed
over a long period of time, stomach trouble in adults and children, and nervous,
jittery, or jumpy stomach; that it was an excellent remedy for most stomach
ailments; that it would aid nature in renewing the stomach lining; and that it
would be efficacious in the correction of automobile, -train, or boat sickness, and
cankerous sores of the mouth.
It was alleged to be further misbranded (1) in that the statement on its label,
"Contents Pure Organic Elements of Ingluvin and Herbs," was false and mis-
leading since the article did not consist of ingluvin and herbs, but did consist
essentially of gizzard linings, anise, and compound senna powder; (2) in that the
name "Stumicaid" was false and misleading since the article would not aid the
stomach; and (3) in that the label of the article bore no statement of the quantity
of the contents.
On March 1, 1944, the defendant having entered a plea of guilty, the court
imposed a fine of $500 and costs.