4035. Misbranding of Aspergum.   U. S. v. 48 Cartons   *   *   *.   (F. D. C. No.
33562.    Sample No. 37284-L.)
LIBEL FILED :   August 29,1952, Southern District of New York.
ALLEGED SHIPMENT: On or about July 15, 1952, by White Laboratories, Inc.,
from Kenilworth, N. J.
PRODUCT: 48 cartons, each containing 1 dozen boxes, of Aspergum at New
York, N. Y.
Aspirin In pleasantly-flavored Chewing Gum" ; (box) "16 Tablets Aspergum
Active Ingredient:   Aspirin."
NATURE OF CHARGE: Misbranding, Section 502 (a), the statement "Fast Relief
For 'Sore Throat'" borne on the display carton was false and misleading since
it represented and suggested that the article was an adequate and effective
treatment for sore throat, whereas it was not an adequate and effective treat-
ment for that condition.
DISPOSITION : January 12, 1953. Default decree of condemnation. The court
ordered that the product be delivered to a charitable institution for its use
and not for sale.