4348. Misbranding of Tasapan Pearls.   U. S. v. 168 Bottles * * *.   (F. D. C. No.
35411.   Sample No. 66976-L.)
LIBEL FILED :    September 10,1953, Eastern District of Pennsylvania.
ALLEGED SHIPMENT :    On or about April 8, 1952, and April 7, 1953, from Jersey
City, N. J.
PRODUCT: 168 bottles of Tasapan Pearls at Philadelphia, Pa., in possession of
Joseph Freiberg.
RESULTS OF INVESTIGATION: The product, after its receipt by the consignee at
Philadelphia, Pa., was resold to Joseph Freiberg, in whose possession it was
relabeled as set forth below.
.LABEL,.IN PART : (Bottle) "Caution?To Be Used Only By Or On The Prescrip-
tion Of A Physician 25 Tasapan Pearls * * * A carefully prepared combina-
tion of pennyroyal, apiol, powdered ext. of ergot, alojn, savin, rue, and
vegetable oil in a soft gelatin pearl."
.NATURE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the
article failed to bear adequate directions for use since its labeling failed to
reveal the purposes for which the article was to be taken; and, Section
503 (b)(4), the article was a drug which was subject to Section 503 (b)
(1) (B), and its label failed to bear the statement "Caution: Federal law
prohibits dispensing without prescription." The article was misbranded while
held for sale after shipment in interstate commerce.
DISPOSITION :   March 24,1954.   Default decree of condemnation and destruction.
DRUGS ACTIONABLE BECAUSE  OF  FAILURE TO  BEAR ADEQUATE
DIRECTIONS OR WARNING STATEMENTS*