1313. Adulteration and misbranding of Sumlakia.   U. S. v. Otto Kalmus (The Sumlak
Co.).   Plea of guilty.   Fine, $200.    (F. D. C. No. 10559.   Sample No. 8883-F.)
On April 7, 1944, the United States attorney for the Southern District of
Ohio filed an information against Otto Kalmus, an individual trading as the
Sumlak Co., Cincinnati, Ohio, alleging shipment of a quantity of Sumlakia on
or about November 25, 1942, from the State of Ohio into the State of
Louisiana.
The article was alleged to be adulterated in that its strength differed from
that which it purported and was represented to possess, since each teaspoon-
ful of the article contained 10.18 grains of combined bromides, including 1.97
grains of strontium bromide, 2.01 grains of ammonium bromide, 1.96 grains
of potassium bromide, and 3.93 grains of sodium bromide, which were in
excess of the amounts declared, and 0.18 grain of calcium bromide and 0.13
grain of lithium bromide, which were less than the amounts declared.
The article was alleged to be misbranded (1) in that the statements on
its labels, "Each teaspoonful contains approx. 8 Grains of the Six Combined
Bromides of Strontium 1.80 gr., Ammonium 1.80 gr., Potassium 1.80 gr.,
Sodium 1.80 gr., Calcium 0.60 gr., Lithium 0.20 gr.," were false and mislead-
ing; and (2) because of false and misleading statements on its labels which
represented and suggested that the article would be efficacious in the cure,
mitigation, treatment, or prevention of functional nervous disturbances and
hysterical conditions due to nervousness.
On November 17, 1944, the defendant entered a plea of guilty and was
sentenced to pay a fine of $100 on each of 2 counts, a total fine of $200,