3657. Misbranding of Murtex.   U. S. v. 4,500 Cartons    *    *    *.    (F. D. C. No.
31148.   Sample No. 9092-L.)
LIBEL FILED :    May 25,1951, Northern District of Illinois.
ALLEGED SHIPMENT :    On or about August 1,1950, from New York, N. Y.
PRODUCT :   4,500 cartons, each containing 1 bottle of Murtex, at Chicago, 111.,
in possession of the Martax Botanical Corp.
RESULTS OF INVESTIGATION : The drug was shipped in a 50-gallon drum and was
bottled and labeled for the Martax Botanical Corp. after shipment in interstate
commerce. Each bottle was packed in a carton, together with a leaflet
entitled "Murtex."
LABEL, IN PART: (Carton) "Murtex A Diuretic and Stimulant to the Kidneys.
* * * (One fluid Oz.) Alcohol 40? By Volume Contains Fluid Extracts
of: Buchu Cimicifuga Collinsonia Guaiacum Also Contains: 60 Mgs.
Vitamin Bj (Thiamine HCL) to each 30 cc."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
leaflets were false and misleading since these statements represented and
suggested that the article was effective to eliminate from the body waste
substances that cause the pain of arthritis and rheumatism, loss of energy
and appetite, and simple nervousness and sleeplessness, whereas the article
was not effective for such purposes. The article was misbranded while held
for sale after shipment in interstate commerce.
?See also Nos. 3650, 3652, 3653, 3655.
DISPOSITION : October 5, 1951. The Martax Botanical Corp., claimant, having
consented to the entry of a decree, judgment of condemnation was entered and
the court ordered that the article be released under bond to be brought into
compliance with the law, under the supervision of the Federal Security
Agency.