3147. Misbranding of Bible Way Tonic, Bible Way Annointing Oil, and drug
capsules. U. S. v. Ray McDaniel (Elder R. McDaniel). Plea of guilty.
Fine of $50 and sentence of 1 year in jail on each of 4 counts. Jail
sentence suspended and defendant placed on probation for 4 years.
(F. D. C. No. 28728.    Sample Nos. 1080-K, 19595-K, 1959&-K.)
INFORMATION FILED :   August 19, 1949, Southern District of Ohio, against Ray
McDaniel, trading as Elder R. McDaniel, Columbus, Ohio.
ALLEGED SHIPMENT : On or about November 24 and 29, 1948, from the State of
Ohio into the States of Florida and Tennessee.
PRODUCT: Analysis disclosed that the Bible Way Tonic was a dark red hydro-
alcoholic liquid flavored with peppermint, containing chiefly plant extractives,
including emodin-bearing drugs; that the Bible Way Annointing Oil consisted
essentially of mineral oil and turpentine; and that the drug capsules contained
salt and plant extractives.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
bottle label and in the circular entitled "In God We Trust" accompanying the
Bible Way Tonic and certain statements on the bottle label gf the Bible Way
Annointing Oil were false and misleading. These statements represented and
suggested that the Bible Way Tonic would be efficacious in the cure, mitigation,
and treatment of tuberculosis, asthma, rheumatism, arthritis, high blood
pressure, syphilis, sores, low blood pressure, and bronchial asthma, and would
be efficacious as a building tonic for run-down conditions; and that the Bible
Way Annointing Oil would be efficacious in the cure, mitigation, and treatment
of aching muscles, arthritis, neuritis, rheumatic pains, and other human body
pains.   The articles would not be efficacious for the purposes represented.
Further misbranding, Section 502 (b) (2), the Bible Way Tonic, the Bible
Way Annointing Oil, and the drug capsules failed to bear labels containing
accurate statements of the quantity of the contents; and, Section 502 (f) (1),
the labeling of the drug capsules failed to bear adequate directions for use in
that there was no statement in the labeling of any condition, disease, or func-
tion for which the capsules were to be used.
DISPOSITION : May 22, 1950. A plea of guilty having been entered, the court
imposed a total fine of $200 and sentenced the defendant to serve one year in
jail on each of the four counts of the information. The jail sentence was
suspended and the defendant was placed on probation for four years, condi-
tioned that he no longer engage in the drug business in any manner.