FOOD AND DRUG ADMINISTRATION NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT [Given pursuant to section 705 of the Food, Drug, and Cosmetic Act] j-V*"'* 4301-4320 ._ Y 4^\ DRUGS AND DEVICES The cases reported herewith were instituted in the United States district courts by the United States attorneys, acting upon reports submitted by the Department of Health, Education, and Welfare, and include, where indicated, the results of investigations by the Department, prior to the institution of the pro- ceedings. Published ,by direction of the Secretary of Health, Education, and Welfare. GEO. P. LABRICK, Commissioner of Food and Drugs. WASHINGTON, D. C, February 18,1950. CONTENTS Page Drug actionable because of poten- tial danger when used accord- ing to directions 284 Violative sales of prescription drugs. 284 Drugs and devices actionable be- cause of failure to bear ade- quate directions or warning statements 288 Page Drugs actionable because of devia- tion from official or own stand- ards 290 Drugs and devices actionable be- cause of false and misleading claims , 291 Index _ 295 329297-55- 283 DRUG ACTIONABLE BECAUSE OF POTENTIAL DANGER WHEN USED ACCORDING TO DIRECTIONS 4301. Misbranding of vaginal suppositories. U. S. v. 22 Boxes * * *. CF. D. C. No. 36219. Sample No. 45306-L.) LIBEL FILED : December 30,1953. District of Rhode Island. ALLEGED SHIPMENT: On or about July 3,1953, bv the Dr. ,T. A. McGill Co.. from Chicago, 111. PBODTJCT : 22 boxes of vaginal suppositories at Providence, R. I. Each box con- tained a copy of a leaflet entitled "Dr J. A. McGill Co.'s Suppositories." Ex- amination showed that each suppository weighed approximately 5.47 grams and contained approximately 47 percent ammonium alum and 16 percent borax. LABEL, IN PAST: (BOX) "Contents 6 Suppositories * * * Orange Blossom Suppositories * * * Alum-Borax-Petrolatum * * * Dr. J. A. McGill Co. * * * Chicago 16, 111." NATURE OF CHARGE: Misbranding, Section 502 (a), the statement on the box label and in the above-mentioned-leaflet, namely, "For Simple Irritations Of The Vaginal Tract," was false and misleading. The statement represented and suggested that the article was an adequate and effective treatment for diseases of the vaginal tract which are manifested by irritation of the vaginal tract, whereas the article was not an adequate and effective treatment for these diseases. Further misbranding, Section 502 (j), the article was dangerous to health when used in the dosage and with the frequency and duration prescribed, recommended, and suggested in its labeling, namely, "Directions Remove tinfoil at bedtime, insert one suppository in vagina and with your finger push it up as far as you can. Let it remain there undisturbed for three days. Then at night take a douche of warm water, and on the evening of the second day apply again as above making the application every five days excepting at monthly periods, allowing four days for the periods, then apply the supposi- tory every five days." DISPOSITION : January 25, 1954. Default decree of condemnation and destruc- tion. VIOLATP7E SALES OF PRESCRIPTION DRUGS