1578. Misbranding: of Kurex.    TJ. S. v. Kurex Hillgrove Laboratories, Inc., Rich
ard F. Hlllgrove and Walter P. Weihe. Pleas of not guilty. Tried to
the jury; verdict of guilty. Corporation given total fine of $10,000, of
which $7,500 was suspended. Hillgrove sentenced to 2 years in jail and
placed on probation for 3 years; Weihe sentenced to 30 days in jail and
placed on probation for 1 year and 1 day. (F. D. C. No. 14312. Sample
Nos. 904-H, 2535-H, 22014-H, 22016-H.)
INDICTMENT RETURNED: February 20, 1945, Southern District of Ohio, against
the Kurex Hillgrove Laboratories, Inc., Cincinnati, Ohio, and Richard F. Hill-
grove and Walter P. Weihe, officers of the corporation.
ALLEGED SHIPMENT : Between the approximate dates of January 18 and February
5,1945, from the State of Ohio into the States of Missouri, West Virginia, and
Florida.
PRODUCT: Analyses of samples disclosed that the product was a dark brown
liquid consisting chiefly of water, alcohol, and plant extractives, including an
emodin-bearing drug.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
label of the article and in an accompanying typewritten letter bearing the
heading "Kurex" and an accompanying circular entitled "New Treatment For
Diabetes" were false and misleading since they represented and suggested that
the article would be efficacious in the cure, mitigation, and treatment of diabetes
and such symptoms resulting from diabetes as a weakened, run-down condi-
tion, numb and cold legs and feet, and weak eyesight; and that the article
would be effective to reduce excess blood sugar and to enable the diabetic to
reduce the amount of insulin used and eventually eliminate the use of insulin.
The article would not be efficacious for the purposes claimed.
It was also alleged that the defendants had been previously convicted under
the Federal Food, Drug, and Cosmetic Act.
DISPOSITION: A motion to quash and a demurrer to the indictment were filed
on behalf of the defendants, on the ground that the previous conviction of the
defendants, to which reference was made in the indictment, was based upon
a plea of nolo contendere. After a hearing in the matter, the court, on or about
March 6,1945, overruled the demurrer and denied the motion to quash. There-
after, a plea of not guilty was entered for the defendants and the case came on
for trial before a jury on March 14, 1945. At the conclusion of the trial on
March 20, 1945, the jury returned a verdict of guilty, and on March 26, 1945,
the following sentences were imposed: The corporation was fined $2,500 on
each of 4 counts of the indictment, with payment of the fine on all counts ex-
cept count 1 being suspended; Richard F. Hillgrove was sentenced to serve
2 years in jail on count 1 and 15 months on count 2, the time to be served under
those counts to run concurrently, and he also was given a suspended sentence
of 3 years in jail on counts 3 and 4 and placed on probation for 3 years; Walter
Weihe was sentenced to 30 days in jail on count 1, given a suspended sentence
of 1 year and 1 day on each of the remaining 3 counts, and placed on probation
for 1 year and 1 day.