3225. Misbranding of gelatin capsules and Newallium oleum capsules. U. S. v. 4 Cartons, etc (F. D. C. No. 29392. Sample No. 81191-K.) LIBEL FILED : July 10, 1950, Eastern District of Pennsylvania. ALLEGED SHIPMENT : On or about September 14, 1949, by the Curtiss Candy Co., from Chicago, 111. PRODUCT : 4 cartons, each containing 10,000 capsules, and 144 100-capsule boxes, 72 50-capsule boxes, and 24 25-capsule boxes, of Newallium oleum capsules at Philadelphia, Pa., together with a number of folders entitled "Newallium Oleum" and "New Potent Antibiotic Reported in Garlic Newallium Oleum." and material derived from garlic. RESULTS OF INVESTIGATION : The 4 cartons of the gelatin capsules were the remainder of an original shipment consisting of 10 cartons. After the receipt of such cartons by the consignee, R. M. Newcomb, Philadelphia, Pa., a number of the capsules were repackaged into the boxes described above. Information obtained at the time of the investigation indicated that the folders described above were printed in Philadelphia, Pa. LABEL, IN PART : (Cartons) "Quantity : 10,000 Size: 6 minim Soluble gela- tin capsules each containing .344 gram fill garlic and vegetable oils. Dosage: 2 capsules daily. * * * W. G. Peacock Co. Evanston * * * Illinois"; (boxes) "Newallium Oleum * * * 6-Minim Capsules Concentrate of valu- able factors in garlic infused in Olive Oil. * * * One capsule twice daily with meals, or as directed by doctor. R. M. Newcomb Co. 5231 Chestnut St. Philadelphia 39, Pa." NATURE OF CHARGE : Misbranding, Section 502 (f) (1), the labeling of the article in the cartons failed to bear adequate directions for use. The article was* mis- branded in such respect when introduced into, and while in, interstate commerce. Misbranding, Section 502 (a), the folders accompanying the article contained statements which represented and suggested that the article contained in the cartons and in the boxes was an adequate and effective treatment for high blood pressure, respiratory and intestinal catarrh, colitis, enteritis, diarrhea, and related ailments; that the article was a vermifuge for children or adults; that it would prevent and cure infections; that it was a bactericide when employed in the recommended dosage; that it would relieve headache and dizziness associ- ated with high blood pressure; that it was an effective treatment for chronic enterocolitis, Salmonella infections, including paratyphoid; and that it was a kidney stimulant. The statements were false and misleading since the article was not an adequate and effective treatment for such conditions, and would not-fulfill the other promises of benefit stated and implied; and the statement "Concentrate of valuable factors in garlic infused in Olive Oil" borne on the label of the article in the boxes was false and misleading since the article did not have the composition stated. The article was misbranded under Section 502 (a) while held for sale after shipment in interstate commerce. DISPOSITION : July 26, 1950. R. M. Newcomb having consented to the entry of a decree, judgment of condemnation was entered and the court ordered that the product be destroyed.