2672. Misbranding of Home Brand Laxative and Liver Tablets.   U. S. v. 32
Cartons, etc.   (F. D. C No. 26459.   Sample No. 44333-K.)
LIBEL FILED :    February 7, 1949, Southern District of Ohio.
ALLEGED SHIPMENT :    On or about March 28, 1946, from St. Louis, Mo.
PRODUCT :    32 cartons, each containing 36 tablets, and 564 cartons, each con-
taining 12 tablets, of Home Brand Laxative and Liver Tablets at Columbus,
Ohio, in the possession of Theodore A. Wegener.   The article was shipped in
bulk and repackaged by the consignee.
Analysis showed that the article consisted essentially of extracts of laxative
plant drugs, such as cascara sagrada, aloe, and podophyllum.
NATURE OF CHARGE: Misbranding, Section 502 (a), the following statements
in the labeling of the article were false and misleading since the article was
not effective in the treatment of the conditions and diseases stated and im-
plied: (carton) "Liver Tablets * * * Aids in cleansing the stomach purify-
ing the liver and regulating the bowels * * * For chronic constipation"
and (leaflet enclosed in carton) "Liver Tablets * * * The Efficient Treat-
ment for Relieving Stomach, Liver and Bowel Complaints. H. B. Laxative
and Liver Pills is an excellent remedy for treatment of Bad Breath, Sour
Stomach, Bilious Headache, Diseases of the Liver and Chronic Constipation
* * * harmless * * * to insure freedom from Headache, heavy Stomach
and that dark brown taste and a constipated condition."
Further misbranding, Section 502 (e) (2), the article was fabricated from
two or more ingredients and its label failed to bear the common or usual name
of each active ingredient; and, Section 502 (f) (2), the labeling of the article
failed to bear a warning against use of the article in case of nausea, vomiting,
abdominal pain, or other symptoms of appendicitis, and it failed also to warn
that frequent or continued use of the article may lead to dependence upon
laxatives. The article was misbranded while held for sale after shipment in
interstate commerce.
DISPOSITION :   April 1, 1949.   Default decree of destruction.