28304. Misbranding of Nod.     U. S. v. 264 Boxes of Nod.     Default decree of con- 
demnation and destruction.     (F. & D. No. 39286.    Sample No. 12845-C.)
The labeling of this product contained false and fraudulent curative or 
therapeutic claims and created the impression that it was a safe remedy for 
the conditions for which it was recommended, whereas it was not safe but 
was a dangerous preparation.
On March 29, 1937, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 264 boxes of Nod at Cleve- 
land, Ohio, alleging that the article had been shipped in interstate commerce 
on or about November 7, 1936, by the Reader Drug Co. from Chicago, Ill., and 
charging misbranding in violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted ff tablets containing 1% grains 
of phenobarbital and 2 grains of aminopyrine per tablet.
It was alleged to be misbranded in that the following statements in the 
labeling were false and misleading in that they created the impression that the 
article was a safe remedy for the conditions mentioned, whereas it was not 
but was a dangerous preparation: (Tin box) "The Efficient Nerve Sedative 
* * * Directions Adult Dose: For Restful Sleep One to two tablets as 
necessary with Warm Drink," (leaflet) "The Efficient Nerve Sedative Not habit 
forming—No Narcotics. For the person exhausted by constant loss of sleeps 
'Nod' is a Tonic for both Mind and Body. Indications. Insomnia: 1 or 2 tab- 
lets as needed, followed by a warm drink will quiet the nervous system, super- 
inducing a restful nights sleep. Nervousness: *4 of a tablet taken 3' times a 
day after meals will be found a splendid nerve sedative. Alcoholics: 1 or 2 
tablets will calm the nerves and induce a full nights sleep," (display carton> 
"No more sleepless nights * * * Soothes Tense Nerves * * * The 
efficient Nerve Sedative Not Habit Forming No Narcotics * * * Induces 
Sleep Quiets Nerves   *    *    *   Contains No Narcotics."
It was alleged to be misbranded further in that the above-quoted statements 
on the tin box, leaflet, and display carton regarding its curative or therapeutic 
effects were false and fraudulent. It was alleged to be misbranded further in 
that the combination of the letters "Nod" borne on the labeling constituted a 
device regarding its curative or therapeutic effects in that the said combina- 
tion of letters meant to purchasers that the article was a- harmless formula,., 
sure, safe, and non-habit forming; that it would stop all forms of nervousness, 
restlessness, allowing sleep to come naturally, would soothe tense nerves, make 
possible a full night's natural sleep; that it was not narcotic and! that it would
get back one's sparkle, the said combination of letters having attained such 
meaning as the result of an advertisement in a Cleveland paper, as follows: 
"Sleeplessness Overcome Naturally by Harmless Formula Sure, safe, non-habit 
forming NOD stops all forms of Nervousness, Restlessness, allowing sleep to 
come naturally. One Tablet soothes Tense Nerves—Makes Possible a full Nights 
Natural Sleep—no narcotics. Get back your sparkle, be yourself, Try NOD 
tonight—at all druggists."
On November 5, 1937, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.