6089. Napier's 14 & 10 Vitamins-Minerals tablets, Napier's Special Formula
tablets, Napier's Inhalant & Rubbing Oil, and Napier's Family Salve.
(F.D.C. No. 43099.   S. Nos. 25-277/80 P.)
INFORMATION FILED : 9-14-59, N. Dist. Iowa, against Don A. Napier, Tahlequah,
Okla.
ALLEGED VIOLATION : On 9-11-58, the defendant, in the course of a sales talk at
the Clay County Fair, Spencer, Iowa, made oral representations holding out
Napier's 14 d 10 Vitamins-Minerals tablets (count 1), Napier's Special Formula
tablets (count 3), Napier's Inhalant d Rubbing Oil (count 5), and Napier's
Family Salve (count 6), as treatments for the diseases, symptoms, and con-
ditions set forth below, which acts resulted in the article being misbranded
while held for sale in violation of 502 (f) (1).
The information alleged also that the defendant caused Napier's 14 d 10
Vitamins-Minerals tablets (count 2) and Napier's Special Formula tablets
(count 4) to be accompanied by labeling, namely, the booklets and leaflets re-
ferred to below, which acts resulted in the articles being misbranded while held
for sale in violation of 502(a).
LABEL IN PAST: "NAPIER'S 14 & 10 (Improved) VITAMINS-MINERALS
60 Tablets-30 day supply Prepared for CHIEF D. A. NAPIER R.R.
#3 ? Tahlequah, Okla."; "100 Tablets NAPIER'S Special Formula E.P. A
high potency dietary supplement furnishing a wide range of vitamins and min-
erals Distributed by CHIEF D. A. NAPIER R.R. #3 ? Tahlequah, Okla.";
NAPIER'S Inhalant & Rubbing Oil. Relieve Symptoms of COLDS by inhal-
ing also use as a RUBBING OIL for soreness in the body due to COLDS AND
FATIGUE Active Ingredients: Eucalyptus Oil, Menthol, Peppermint Oil,
Thymol, Camphor Contents 1 Fl. Oz. CHIEF D. A. NAPIER R.R. 3 Tahle-
quah, Okla."; and "CONTENTS 2 Fl. Ozs. NAPIER'S FAMILY SALVE. Ac-
tive Ingredients: Methyl Salicylate, Oil Pine Tar and Balsam Peru in a
Petrolatum base. DIRECTIONS: CHIEF D. A. NAPIER R.R. 3 TAHLE-
QUAH, OKLA."
ACCOMPANYING LABELING: Booklet entitled "Napier's Health Book" and a
leaflet entitled "How vitamins and minerals help the whole family."
CHARGE: 502(a)-the labeling which accompanied the Napier's 14 d 10 Vita-
mins-Minerals tablets and Napier's Special Formula tablets contained false
and misleading representations that such articles were adequate and effective
to insure radiant health, and to prevent and treat practically all diseases and
pathological conditions of man, including tuberculosis, heart disease, liver
and kidney disorders, gout, jaundice, skin diseases, indigestion, sexual weak-
ness or impotence, mental deficiency, diabetes, catarrh, sores that do not heal,
arthritis, rheumatism, chronic bronchitis, and sclerosis of the liver; and
502(f) (1)-the labeling of the articles failed to bear adequate directions for
use for the purposes for which they were intended, namely, (Napier's 14 d 10
Vitamins-Minerals tablets) in the treatment of arthritis, rheumatism, high
blood pressure, improving eyesight, and insuring good health generally;
(Napier's Special Formula tablets)  for restoring lost manhood, improving
*See also Nos. 6082-6084, 6088.
sexual powers and for sexual rejuvenation; (Napier's Inhalant & Rubbinff
Oil) for the treatment of sinus trouble, catarrh, asthma, hay fever, grippe,
earache, chilblains, and pain in the neck, back, or leg; and (Napier's Family
Salve) in the treatment of all kinds of burns, scalds, eczema, impetigo, skin
rashes, poison oak, poison ivy, ringworm, itching, bleeding, blind or protruding;
hemorrhoids, and varicose vein sores.
PLEA :   Not guilty.
DISPOSITION : The case came on for trial before the court and jury on 10-27-59.
On 10-29-59, the jury returned a verdict of guilty on counts 1, 3, 5, and 6,
and not guilty on counts 2 and 4. On 12-17-59, the defendant was sentenced
to 1 year imprisonment, which was suspended, and the defendant was placed
on probation for 4 years.