2359. Misbranding of Sanger Special Formula Single Strength Prescription and
Sanger Special Formula Double Strength Prescription. U. S. v. Carl J.
Greenblatt (Cr & W Laboratories). Plea of guilty. Fine of $500 and jail
sentence of 3 months; jail sentence suspended and defendant placed
on probation for 1 year. (F. D. C. No. 23261. Sample Nos. 91126-H,
91127-H.)
INFORMATION FILED: December 5, 1947, District of New Jersey, against Carl J.
Greenblatt, trading as G & W Laboratories, Jersey City, N. J.
ALLEGED SHIPMENT: On or about February 14, 1947, from the State of New
Jersey into the State of New York.
PBODTXCT: Examination showed that both products were substantially of the
same composition. Brown pills consisting essentially of ferrous sulfate, aloes,
and oil of tansy, and white pills consisting essentially of jalap, aloes, calomel,
and plant extractives, and both with a calcium carbonate sugar coating, were
contained in separate envelopes in a box.
NATURE OF CHARGE: Misbranding, Section 502 (a), the statements in the leaflet
headed "Recommended Instructions" enclosed in the boxes, i. e., "Female Tablets
* * * prepared as an aid to delayed menstruation caused by exposure to
inclement weather and cold * * * should be continued until desired relief
results * * * female * * * prescription," were false and misleading,
since they represented and suggested that the article would be efficacious to
bring about menstruation when menstruation was delayed, whereas they would
not be efficacious for such purposes.
Further misbranding, Section 502 (e) (2), the articles were not designated
solely by names recognized in an official compendium and were fabricated
from two or more ingredients; they contained a preparation of mercury,
calomel; and their labels failed to bear the common or usual name of each
active ingredient, including the name, quantity, or proportion of the preparation
of mercury. Section 502 (f) (2), the articles were a laxative and their label-
ings failed to warn that they should not be used when abdominal pain, nausea,
vomiting} or other symptoms of appendicitis were present, and that frequent or
continued use of the articles might result in dependence on laxatives to move the
bowels; and, Section 502 (b) (2), the labels of the articles bore no statement
of the quantity of the contents.
DISPOSITION : March 24, 1948. A plea of guilty having been entered, the de-
fendant was fined $500, was given a suspended sentence of S months in jail,
and was placed on probation for 1 year.