4275. Misbranding of Ber-Ex tablets.    U. S. v. 66  Cartoned Bottles * * *.
(F. D. C. No. 35384.   Sample No. 20184-L.)
LIBEL FILED :   August 13,1953, Western District of Wisconsin.
ALLEGED SHIPMENT: On or about June 3, 1953, by Pan Pharmacals, Inc., from
Buffalo, N. Y.
PEODTJCT :    66 cartoned bottles of Ber-Ex tablets at Madison, Wis.
LABEL, IN PART: (Carton and bottle) "100 Ber-Ex * * * Tablets Succinate-
Salicylate Oral Therapy * * * Active Ingredients: Calcium Succinate Acetyl-
salicylic Acid."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
bottle and carton labels of the article were false and misleading. The state-
ments represented and suggested that the article was an adequate and effective
treatment for arthritic and rheumatic disorders, including osteoarthritis, rheu-
matoid arthritis, rheumatic fever, sciatica, gout, bursitis, fibrositis, neuritis,
and myositis. The article was not an adequate and effective treatment for
such conditions.
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 each active ingredient since acetylsalicylic acid is not the common or
usual name for aspirin.
DISPOSITION: November 13, 1953. Default decree of condemnation and
destruction.