3211. Misbranding of Imdrin.  U. S. v. 2,100 Bottles   *   *   *.   (F. D. C. No. 26977.
Sample No. 20470-K.)
LIBEL FILED :   On or about April 14,1949, Western District of Missouri; amended
libel filed on February 2,1950, Southern District of Ohio.
ALLEGED SHIPMENT : On or about December 21, 1948, and January 5, 7, and 14,
1949, by the Rhodes Pharmacal Co., Inc., from Cleveland, Ohio.
PRODUCT: 2,100 72-tablet bottles of Imdrin at Kansas City, Mo. Examination
disclosed that each tablet of a portion of the product contained 2 grains of
aspirin, 1.4 grains of manganese salicylate, 2.3 grains of calcium succinate,
0.19 grain of caffeine, and some thiamine, and that each tablet of the other
portion of the product contained 2 grains of aspirin, 1.6 grains of sodium
salicylate, 1.56 grains of calcium succinate, 0.16 grain of caffeine, and 1 mg.
of thiamine.
LABEL, IN PART : "Imdrin * * * Each tablet contains: Manganese Salicy-
late, Calcium Succinate, Acetylsalicylic Acid, Thiamine Chloride (1 mg.) and
Caffeine" or "Imdrin * * * Each tablet contains: Sodium Salicylate, Cal-
cium Succinate, Acetylsalicylic Acid, Thiamine Chloride (1 mg.) and Caffeine."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements and de-
signs appearing in the labeling of the article, namely, on a placard entitled
"Rheumatic-Arthritic Sufferers," in a leaflet entitled "Amazing N'ew Imdrin,"
and on a sheet entitled "Imdrin Fastest Selling Most Heavily Advertised
Rheumatic-Arthritic Item," were false and misleading. The statements and
designs represented and suggested that the article was adequate and effective
for the treatment and cure of all types of arthritis and rheumatism; that
the article contained no drugs; that it would give the fastest pain relief in
?See also Nos. 3201, 3208-3210.
enjoy life again; that it would aid in the relief of nagging aches, pains, swell-
ing, and stiffness accompanying arthritis and related illness, such as certain
types of rheumatism, sciatica, bursitis, and neuritis; that it was one of the
fastest and safest remedies known for alleviating the miseries of the rheuma-
toid state and arthritis, and was an efficient medicament for the relief of the
symptoms of such infirmities; that users of the article would have no more
"Blue Days," and would resume a cheerful outlook on life; that the article
would aid sufferers from gout to regain a comfortable living status; that it
would assist in the relief from the discomfort of neuritis, aid in maintaining
the feeling of well-being, and aid in insuring adequate functioning of the
vital enzyme systems of the blood and bones; and that it would bring sympto-
matic relief to sufferers from arthritis, fibrositis, and certain forms of rheu-
matism, sciatica, and neuritis. The article was not adequate and effective for
the treatment and cure of all types of arthritis and rheumatism; it contained
drugs; and it was not capable of fulfilling the promises of benefit stated and
implied.
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 aspirin, an active ingredient
The article was misbranded in the above respects when introduced into,
while in, and while held for sale after shipment in, interstate commerce.
DISPOSITION : April 26,1950. The libel proceedings having been transferred to
the Southern District of Ohio, and the Rhodes Pharmacal Co., Inc., claimant,
having filed an answer denying that the article was misbranded, but subse-
quently without admitting the misbranding, having consented to the entry of
a decree, judgment of condemnation was entered. The court ordered that the
labeling of the product be destroyed and that the bottles of the product be
delivered to a charitable hospital or institution for use under the supervision
of physicians, as a simple analgesic. Oh June 14,1950, the decree was amended
to allow destruction of the product,