26951. Misbranding of Bromo-Foam.    U. S. v. Chancey A. Jones  (Bromo-Foam
Co.). Plea of nolo contendere. Fine, $50 and sentence of imprison- 
ment for 1 year; sentence of imprisonment suspended and defendant 
placed on probation for 5 years on payment of fine. (F. & D. no. 31S45. 
Sample no. 40601-A)
This case involved an interstate shipment of an article, labeled "Bromo-Foam", 
the package and the label on the containers of which bore and contained false 
and fraudulent curative and therapeutic claims and a false and misleading 
representation that the active ingredients of the article were bromides.
On February 5, 1934, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Chancey A. Jones, trading as the Bromo-Foam Co., 
Tiffin, Ohio, charging shipment by said defendant in violation of the Food and 
Drugs Act as amended, on or about May 20,1933, from the State of Ohio into the 
State of Indiana of a quantity of Bromo-Foam that was misbranded.
Analysis of the article showed that it consisted essentially of sodium bicarbon- 
ate (65 percent), sodium chloride (3.87 percent), sodium salicylate (3.44 per- 
cent), sodium bromide (2.90 percent), caffeine (0.51 percent), and citric acid, 
flavored with oil of peppermint
The article, contained in 24 tubes all enclosed in a carton, was alleged to be 
misbranded in that statements regarding its curative and therapeutic effects, 
borne on the tube labels, carton, an accompanying display carton, and display 
strip, falsely and fraudulently represented that it would be effective to promote 
real health; effective as a treatment, remedy, and cure for exhaustion, indi- 
gestion, ailments of the head and stomach, and sick stomach; effective as a 
relief for headache due to any nervous or mental strain, stomach disorders 
caused by eating, biliousness, and indigestion; and effective as a neutralizing 
agent. The article was alleged to be misbranded in that the statement "Bromo- 
Foam", borne on the tube labels, carton, accompanying display carton, and dis- 
play strip, was false and misleading in that it represented that the active 
ingredients of the article consisted of bromides; whereas in fact the active 
ingredients of the article did not consist of bromides.
On January 21, 1937, the defendant entered a plea of nolo contendere; and 
the court imposed a fine of $50 and a sentence of imprisonment for 1 year, but 
suspended the sentence of imprisonment and placed the defendant on probation 
for 5 years on payment of the fine.
HAEBY L. BEOWN, Acting Secretary of Agriculture.