2316. Adulteration and misbranding of cod liver oil and misbranding of Nelson's
Solid Liniment. V. S. v. Arthur A. Kain and Philip Stern. Pleas of guilty.
Fines. $200 against each individual, plus costs. (F: D. C. No. 21487.
Sample Nos. 40330-H, 42616-H.)
INFORMATION FILED :   July 31, 1947, Northern District of Ohio, against Arthur A.
Kain, vice-president, and Philip Stern, secretary-treasurer, of the Cleveland
Druggists' Specialties Co., Cleveland, Ohio.
ALLEGED SHIPMENT:   On or about February 25 and March 26, 1946, from the
State of Ohio into the States of Missouri and West Virginia.
PRODUCT : Analysis disclosed that the cod liver oil was a white viscous emulsion
containing a small amount of calcium and sodium, with no appreciable amount
of vitamin Bi, and less than 12,500 U. S. P. units of vitamin A and less than
1,275 U. S. P. units of vitamin D per fluid ounce; and that the Nelson's Solid
Liniment was a red-colored ointment of aromatic odor and irritating properties,
containing chiefly mustard and mixed aromatics.
LABEL, IN PART: "Nor-Cod-Mul White Emulsion of Cod Liver Oil with Creo-
sote * * * Great Lakes Laboratories Cleveland Ohio," or "Nelson's Solid
Liniment   *    *   *   Great Lakes Laboratories   Cleveland, Ohio."
NATURE OF CHARGE: Cod liver oil. Adulteration, Section 501 (c), the strength
of the article fell below that which it purported and was represented to possess,'
since each fluid ounce of the article was represented to contain 25,000 U. S. P.
units of vitamin A, 2,200 International Units of vitamin Bi, and 2,550 U. S. P.
units of vitamin D, whereas the article contained less than those amounts of
vitamin A, vitamin Bi, and vitamin D. Misbranding, Section 502 (a), the label
statements "Contains Per Fluid Ounce: Vitamin A 25,000 U. S. P. Units
vitamin Bi 2,200 International Units vitamin D 2,550 U. S. P. Units"
were false and misleading. Further misbranding, Section 502 (a), certain label
statements represented and suggested that the article possessed rejuvenating
qualities for undernourished children; that it would be of value for run-down
adults and children; that it would be efficacious in the cure, mitigation, treat-
ment, and prevention of coughs, colds, and bronchitis; and that it would assist
nature to build up body resistance. These statements were false and mislead-
ing, since the article did not possess rejuvenating qualities for undernourished
children and would not be efficacious for the purposes represented.
Nelson's Solid Liniment. Misbranding, Section 502 (a), certain label state-
ments were false and misleading, since they represented and suggested that
the article would be efficacious in the treatment of all external pains, rheu-
matism, backache, and sprains. The article would not be efficacious in the
treatment of those conditions.
DISPOSITION : December 17,1947. Pleas of guilty having been entered, the court
imposed a fine of $200 and costs against each defendant.