3045. Misbranding of Colusa Natural Oil and Colusa Natural Oil Capsules.
U. S. v. 21 Bottles, etc (and 15 other seizure actions). (F. D. C. Nos.
12896, 13126, 13370, 13384, 13406, 13610, 14040, 14731, 14740, 14745, 14791,
14797, 19169. Sample Nos. 61588-F, 61589-F, 61591-F, 61592-F, 72461-F,
72462-F, 73969-F, 73971-F, 77664-F to 77671-F, incl., 78164-F, 78165-F,
79544-F, 79545-F, 79921-F, 87120-F, 87121-F, 89661-F, 89901-F, 89902-F,
92103-F, 92104-F, 92386-F, 92387-F, 56825-H, 56626-H.)
LIBELS FILED : Between July 7,1944, and February 8,1946, District of Columbia,
Eastern, Middle, and Western Districts of Pennsylvania, Western District of     I
Arizona, Western District of New York, Eastern District of Michigan, Western
District of Tennessee, and District of New Hampshire.
ALLEGED SHIPMENT: Between the approximate dates of March 9, 1944, and.
December 10,1945, by the Colusa Remedy Co., from Hollywood and Los Angeles,
Calif.
PRODUCT : 1,028 2-fluid-ounce bottles and 213 4-fluid-ounce bottles of Colusa
Natural Oil and 635 100-capsule boxes and 158 200-capsule boxes of Colusa
Natural Oil Capsules and a number of circulars headed "Colusa Remedy Co..
Field Headquarters Williams, California," at Washington, D. C, Chester, West
Chester, Coatesville, Conshohocken, Chambersburg, and Pittsburgh, Pa., Waco-
and San Antonio, Tex., Marshalltown, Iowa, Springfield, Mo., Phoenix, Ariz.,.
Corning, N. Y., Saginaw, Mich., Memphis, Tenn., and Nashua, N. H.
Examination showed that the products consisted of petroleum oil.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
circulars described above, which accompanied the products other than those
involved in the New Hampshire action, and the pictures of a man's back, two
hands, and a leg before and after treatment, which were displayed in the
circulars, were false and misleading. The statements and pictures represented
and suggested that the articles would be efficacious in the treatment of
psoriasis, eczema, leg ulcers, itch, and athlete's foot. The articles when used
alone or in combination with each other would not be efficacious for such
conditions.
Further misbranding, Section 502 (f) (1), the labels of the articles involved
in the New Hampshire action failed to bear adequate directions for use in the
treatment of skin diseases, psoriasis, leg ulcers, and eczema, which were the
conditions for which the articles were offered in advertising disseminated and
sponsored by, and on behalf of, the packer.
DISPOSITION : The Colusa Remedy Co. appeared as claimant in each of the above-
mentioned libel actions, and upon petition by the claimant, the libel actions-
were consolidated for trial in the Western District of Texas. On July 22,1946,
the claimant filed a motion to dismiss the libels, and on August 18, 1947, after
consideration of the briefs of the parties, the court entered an order over-
ruling and denying the motion to dismiss. An answer was filed also on behalf
of the claimant, denying that the products were misbranded by the circulars
and denying that the circulars constituted labeling. Thereafter a stipulation
was entered into by the parties, which provided that final determination of the-
issue of misbranding in certain cases in the Northern District of Iowa (see
notice of judgment on drugs and devices, No. 2922) should be applicable and
decisive on the issue of misbranding in the instant cases, and that if in the
Iowa cases, decrees of condemnation were finally entered, based on findings
that the products seized therein were misbranded, then a decree of condemna-
tion may be entered in the instant cases. In accordance with such stipulation,.
and in view of the decision reached in the Iowa cases, providing for condem-
nation of the products there involved, the court entered a decree in the instant
cases, providing for condemnation and destruction of the products.