3170. Misbranding of Menestrex capsules.  U. S. v. William Rex Manning (Rex
Laboratories). Plea of guilty on counts 1, 2, 4, and 5; plea of not guilty
on count 3. Count 3 tried to the court; verdict of not guilty. Fine of
$1.00-on each of counts 1, 2, 4, and 5. (F. D. C. No. 26719. Sample Nos.
260-K, 999-K, 27312-K, 44012-K.)
IICFOBMATTON FILKD : June 30, 1949, Middle District of Tennessee, against Wil-
liam Rex Manning, trading as the Rex Laboratories, Nashville, Tenn.
-  **
ALLEGED SHIPMENT :   On or about August 28, 1947, and February 13, March 16,
and September 8,1948, from the State of Tennessee into the State of Georgia.
PRODUCT: Examination disclosed that the product contained a mixture of
quinine sulfate and potassium permanganate.
LABEL, IN PAST: (All bottle labels) "Menestrex Contains: Potassium Per-
manganate Quinine Sulphate"; (bottle label of lot covered by count 3) "For
easing distress in scanty or functionally difficult menstruation."
NATURE OFCHARGE:  Counts.
 Misbranding, Section 502 (a), the label statement
. "Menestrex   *   *   *   For easing distress in scanty or functionally difficult
menstruation" was false and misleading since the statement represented and
suggested that the article would be efficacious to ease distress in scanty or
functionally difficult menstruation, whereas the article would not be efficacious
for such purpose.
Counts 1, 2, 4, and 5. Misbranding, Section 502 (f)   (1), the labeling of
. the article failed to bear adequate directions for use since the labeling failed
to reveal the conditions for which the article was intended.
DISPOSITION: May 31, 1950. A plea of guilty was entered to counts 1, 2, 4,
and 5, and a plea of not guilty to count 3. Trial was held before the court
with respect to the charge involved in count 3, and, at its conclusion, a verdict
of not guilty was rendered on count 3. The court imposed a fine of $1.00
on each of counts 1,2,4, and 5, a total fine of $4.00.