2008. Misbranding of Dupree Brand Pills.    IT. S. v. 67 Boxes, 114 Boxes, and ?4
Packages of Dupree Brand Pills. Default decrees of condemnation and
destruction. (F. D. C. Nos. 19944, 19945. Sample Nos. 19755-H, 43923-H,
43924-H.)
LIBELS FILED :   May 28, 1946, Southern District of California and District of
 Minnesota.
ALLEGED SHIPMENT : Between the approximate dates of January 11 and May 9,
1946, by the Dupree Medical Co., from New York, N. Y.
PRODUCT: 34 packages of Dupree Double Strength Pills at St. Paul, Minn., and
67 Boxes of New Formula Pills and 114 boxes of Extra Strength New Formula
PUls at Los Angeles, Calif. Examination showed that the products consisted
essentially of yohimbin hydrochloride, asafetida, and a laxative plant drug.
In addition, the New Formula Pills contained metallic iron, and the Double
Strength and Extra Strength Pills, which were apparently the same product
under slightly different labels, contained iron sulfate.
LABEL, IN PART: (New Formula Pills) "Yohimbin hydrochloride, 1/24 grain,
dried iron sulfate, asafetida and aloe"; (Double Strength Pills) "Yohimbin
Hydroch. 1/16 gr., Asafetida, Dried Iron Sulfate, Aloes Soc."; and (Extra
Strength Pills) "Yohimbin Hydroch. Gr. 1/16 Dried Iron Sulfate, Asafetida,
Aloes Soc."
NATUKE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the
products failed to bear adequate directions for use since it failed to state
why the articles were to be used; New Formula Pills, misbranding, Section
502 (a), the label statement, "Each pill contains * * * dried iron sulfate,"
was false and misleading since the product did not contain iron sulfate; and,
Section 502 (e) (2), the product was fabricated from 2 or more ingredients,
and its label failed to bear the common or usual name of each active ingredient
since the label failed to reveal the presence of metallic iron.
DISPOSITION : July 29 and September 25, 1946. No claimant having appeared,
judgments of condemnation were entered and the products were ordered
destroyed.