2591. Misbranding of throat lozenges.   U. S. v. 34 Cartons   *   *    *.    (F. D. C.
No. 25505.    Sample No. 3596-K.)
LIBEL FILED :   August 27, 1948, District of Maryland.
ALLEGED SHIPMENT: On or about July 17, 1948, by W. M. Mearig, from New
Holland, Pa.
PRODUCT : 34 cartons, each containing 12 boxes, of throat lozenges at Baltimore,
Md. Examination showed that the product consisted essentially of licorice,
capsicum, anise, sugar, and ys minim of chloroform in each lozenge.
LABEL, IN PART: (BOX) "Mearig Throat Lozenges * * * Each Lozenge
contains not more than ? minim of Chloroform."
NATURE OF CHARGE: Misbranding, Section 502 (a), the label statement "very
helpful in the relief of most throat troubles" was false and misleading since
the article would not be effective in the relief of throat troubles; and, Section
502 (e) (2), the article was not designated solely by a name recognized in an
official compendium and had been fabricated from two or more ingredients,
and its label failed to bear a statement of the quantity or proportion of
chloroform therein, since the statement "contains not more than y2 minim
of Chloroform" was incorrect as applied to an article containing ? minim
of chloroform in each tablet.
DISPOSITION: September 30, 1948. Default decree of condemnation and
destruction.