4676. Lymphex and Tracel. (F. D. C. No. 35184. S. Nos. 38-376 L, 51-057/8 L,. 56-602/3 L.) INFORMATION FILED : 10-21-53, Dist. N. J., against H. Hall Marshall, la Con- sultants' Laboratories, Millington, N. J. SHIPPED : Between 7-18-52 and 3-12-53, from New Jersey to New York, Mary- land, and Tennessee. LABEL IN PART: (Can) "Lymphex Myroxylon Bark Extract Osmotic Baths * * * Active Ingredients Lymphex Osmotic Baths contain a new extract of the myroxylon tree from one particular tropical environment. This extract also contains eucalyptol, nerolidol and cinnamein (used as extractors) and is combined with laurel'sodium sulfonate (foaming and wetting agent) and: sodium carbonate (water softener)"; (btl.) "Tracel Trace Element Mineral Concentrate Each Two Teaspoons Contain The Following Amounts: Cobalt .15 mg., Magnesium 2 mg., Fluorine .1 mgs., Sodium 2.5 mgs., Copper 1 mg., Iodine .15 mgs., Nickel .015 mgs., Sulphur .25 mg., Manganese 1.5 mg., Chlorine .014 gm., Potassium .15 mg., Zinc 1.5 mg." ACCOMPANYING LABELING: (Lymphex) Booklet entitled "Myroxylon Bark Ex- tract New Type Osmotic Bath Therapy for Arthritis and Chronic Sinus Trouble" and various letters addressed by the defendant; (Traeel) leaflets entitled "National Disaster by Mineral Starvation" and "The Normal Diet Cannot Be Depended Upon for Adequate Vitamins-Minerals-Trace Elements." 'CHARGE: Lymphex. 502 (a)—the labeling of the article when shipped con- tained false and misleading representations that the article consisted essen- tially of an extract of myroxylon tree bark and that the article was an adequate and effective treatment for deep-seated infections, arthritis, sinusitis, bursitis, rheumatic fever, inflammatory rheumatism; sciatica, and- many in- fections including those of a virus nature. Traeel. 502 (a)—the accompanying labeling of the article when shipped contained false and misleading representations that the article would be effective in the treatment of allergies and asthma; that it would be effective in the prevention of diabetes; that all of the minerals contained in the article were trace elements and are required in human nutrition; that a normal diet would not supply adequate vitamins, minerals, and trace elements; and that the human system cannot make use of vitamins without minerals. PLEA : Not guilty. DISPOSITION : On 5-11-54, the case came on for trial before a jury, and, at its conclusion, the jury returned a verdict of guilty. On 5-28-54,'the court fined the defendant $500 on count 4 of the information relating to the Tennessee shipment of Lymphex, suspended the imposition of sentence on the other counts, and placed the defendant on probation for 1 year.