27910. Misbranding of Trask's Treatment for Constipation, Van Ogden Gargle, 
and Van Ogden Wonderful Liniment. IT. S. v. Western Laboratories, 
Inc. Plea of nolo contendere. Fine, $25. (F. & D. No. 39731. Sample 
Nos. 14623-C, 14625-C, 14626-C.)
The labeling of these products contained false and fraudulent representa- 
tions regarding their curative or therapeutic effects; that of the treatment for 
constipation also bore false and misleading representations that it was wholly 
vegetable and contained no irritating ingredient, whereas it contained phenol- 
phthalein and strychnine—irritating ingredients, the former of which is not 
a vegetable substance; the liniment contained chloroform and the label failed 
to bear a statement of the quantity and proportion of chloroform contained 
therein.
On July 8, 1937, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against the Western Laboratories, Inc., Chicago, Ill., 
alleging shipment by said company in violation of the Food and Drugs Act 
as amended, between the dates of November 14, 1936, and January 9, 1937, from 
the State of Illinois into the State of Michigan of quantities of drug prepara- 
tions which were misbranded. The articles were labeled variously: "Trask's 
New Treatment for Constipation * * * Guaranteed by Western Labora- 
tories, Chicago"; "Van Ogden Gargle [or "Van Ogden Wonderful Lini- 
ment"]    *   *   *   Van Ogden, Inc.,   *   *    *   Chicago."
Analysis showed that the treatment for constipation consisted of tablets con- 
taining extracts of plant drugs, phenolphthalein, and strychnine, coated with 
calcium carbonate and an iron compound; that the gargle consisted essentially 
of small proportions of potassium chlorate, iron chloride, thymol,-and water; 
and that the liniment consisted essentially of small proportions of methyl 
salicylate, menthol, capsicum, camphor, chloroform (7 minims per fluid ounce), 
and mineral oil.
All products were alleged to be misbranded in that the labeling bore certain 
statements, designs, and devices regarding their curative or therapeutic effects 
which were false and fraudulent in the following respects: The treatment for 
constipation was represented to be effective as a relief for biliousness, sick 
headache, liver complaints, and constipation, as a remedy for the most obstinate 
cases, as a tonic for the bowels, as a treatment, remedy, and cure for constipa- 
tion, biliousness, indigestion, torpid liver, stomach trouble, and bad breath, 
effective to cause a clear, healthy complexion and to produce a clear, healthy 
skin, to eliminate clogged waste matter, and as a treatment, remedy, and cure 
for pimples, liver spots, sallowness, bad breath, and poor health; effective to 
remove the cause of all liver complaints, biliousness, and sick headache; and 
effective as a tonic for the bowels, and as a treatment, remedy, and cure for 
habitual constipation. The gargle was represented to be effective as a remedy 
and cure for sore throat, croup, tonsillitis, hoarseness, sore mouth, aphtha, 
thrush, and all diseases of a similar nature affecting the mouth and throat 
of children and adults. The liniment was represented to be effective for the 
relief of rheumatism and swellings.
The treatment for constipation was alleged to be misbranded further in that 
the statement "It is purely vegetable, non-irritating," contained in the circular, 
was false and misleading since it represented that the article consisted wholly 
of vegetable substances and contained no irritating ingredient; whereas it con- 
sisted in part of phenolphthalein, not a vegetable substance, and contained 
irritating ingredients, namely, phenolphthalein and strychnine. The liniment 
was alleged to be misbranded further in that it contained chloroform and the 
label failed to bear a statement of the quantity and proportion contained 
therein.
On October 28, 1937, a plea of nolo contendere was entered on behalf of the 
defendant and the court imposed a fine of $25.
HABBY L. BEOWN, Acting Secretary of Agriculture.