4661. Drag for treatment of stomach disorders, hyperacidity, and ulcers. (Inj. No. 166.) COMPLAINT FOR INJUNCTION FILED : Between 2-5-48 and 3-25-48, Dist. Minn.r against Joseph E. McCoy, Thief River Falls, Minn., to enjoin the interstate- shipment of a misbranded drug consisting of a suspension of bismuth sub- nitrate in a solution of water, sugar, alcohol, pepsin, and orange flavoring material. CHARGE: The complaint alleged that the defendant had been and still was introducing into interstate commerce the above-described drug, which was ' misbranded as follows: 502 (a)—the labeling represented that the drug was efficacious in the cure, mitigation, and treatment of stomach disorders, hyperacidity, and gastric ulcers, whereas it was not effective for such purposes; 502 (e)—the label of the drug failed to bear the common or usual name of each active ingredient, including the quantity, kind, and proportion of the alcohol contained therein; and, 502 (f) (1)—the labeling of the drug failed to bear adequate directions for use since the labeling contained no reference to the disease conditions for which the drug was intended. The complaint alleged also that the defendant had been repeatedly warned that the drug shipped by him in interstate commerce was misbranded within the meaning of the law; that the only effect of such warnings had been to cause the defendant to change the labeling so as to avoid one type of misbrand- ing; and that in so doing, the defendant misbranded the drug in a different way, namely, by eliminating the false and misleading statements in the labeling, the defendant omitted all reference to the disease conditions for which the drug was intended and thereby misbranded the drug by failing to include in the labeling adequate directions for use. DISPOSITION : 6-2-49. The defendant having filed an answer denying that the drug was misbranded and later having failed to pursue the matter further, an order of default was entered, together with an order permanently enjoining the defendant from shipping in interstate commerce the drug described in the complaint with or under the following labeling: Joseph E. McCoy, M. D. Thief River Falls, Minnesota Specializing in Stomach Disorders Hyperacidity and Gastric Ulcers Take One Teaspoonful After Each Meal. Shake Well Before Using J. E. McCoy, M. D. Thief River Falls, Minnesota Take one Teaspoonful after each meal. Shake well J. E. McCoy, M. D. Thief River Falls, Minnesota (SHAKE WELL) Take one teaspoonful after each meal. J. E. McCoy, M. D. Thief River Falls, Minnesota For Stomach Disorders, Hyper- acidity and Gastric Ulcers Directions: Take one teaspoonful after each meal. Shake well be- fore using. Contains: Pepsin, Bismuth, Sub- nitrate. Alcohol-10 Per Cent-Net Contents- 8 Fluid Ounces