4336. Misbranding of Massarelli's Salnate tablets.   U. S. v. 6 Dozen Cartoned
Bottles * * *.    (F. D. 0. No. 34669.    Sample No. 51391-L.)
LIBEL FILED :   February 17,1953, District of New Jersey.
ALLEGED SHIPMENT : On or about January 3,1953, by Manhattan Drug Co., Inc.,
from Brooklyn, N. Y.
PRODUCT: 6 dozen cartoned bottles of Massarelli's Salnate tablets at Bayonne,
N.J.
LABEL, IN PART: (Carton and bottle) "Massarelli's Salnate For Relief of
Symptoms Arthritis Rheumatism Active Ingredients: Calcium Succinate
Acetylsalicylic Acid Ascorbic Acid 5 mg. Thiamin Chloride 1 mg. * * *
100 Tablets."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
bottle label, the bottle carton, and on a counter display box were false and
misleading. The statements represented and suggested that the article was an
adequate and effective treatment for arthritis, rheumatism and lumbago.
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 aspirin was an active ingredient of the article
and was declared as acetylsalicylic acid, which is not its common or usual
name.
DISPOSITION: Manhattan Drug Co., Inc., appeared as claimant and filed an
answer denying the allegations of the libel. A request for answers to written
interrogatories thereafter was served by the Government upon the claimant.
The claimant failed to object or respond to such interrogatories within the time
provided by the Federal Rules of Civil Procedure. Accordingly, on March 8,
1954, the court ordered that the Government's motion to strike the claimant's
pleadings be granted. On the same day, namely, March 8, 1954, the court
entered a decree of condemnation and ordered that the product be destroyed.