29016. Misbranding of Q-Loid.    V.  S. v. 12 Packages and 9 Boxes of Q-Loid.
Default decrees of condemnation and destruction.     (F. & D. Nos. 41963, 
42076.    Sample Nos. 7775-D, 14342-D.)
This product was misbranded because of false and fraudulent curative and 
therapeutic claims in the labeling; and because it was labeled to indicate that 
it was a preparation of sulphur, whereas it also contained aspirin and anti- 
pyrine.
On March 14 and 29, 1938, the United States attorneys for the Districts 
of New Jersey and Massachusetts, acting upon reports by the Secretary of 
Agriculture, filed in their respective district courts libels praying seizure and 
condemnation of 21 packages of Q-Loid in various lots at Jersey City and 
Union City, N. J., and Brockton, Mass.; alleging that the article had been 
shipped in interstate commerce on or about January 22 and February 17 and 
26, 1938, from New York, N. Y., by the Magay Corporation; and charging mis- 
branding in violation of the Food and Drugs Act as amended.
Analyses showed that the article consisted of: (White tablets) 5 grains of 
aspirin; (yellow tablets) sulphur and antipyrine, samples from the two lots con- 
taining 0.2 grain and 0.4 grain of sulphur and 0.3 grain and 0.2 grain of anti- 
pyrine, respectively.
The article was alleged to be misbranded in that the following statements 
borne on the packages were false and misleading since they created the in 
pression that it was a preparation of sulphur; whereas it contained the syn- 
thetic coal-tar drugs, aspirin and antipyrine: (Carton) "Q-Loid * * * A 
new convenient form of colloidal sulphur, Guaranteed to contain colloidal sul- 
phur, recommended as an aid * * * where colloidal sulphur is indi- 
cated";  (booklet)  "Q-Loid Colloidal Sulphur Tablets. Recommended as an aid
* * * where colloidal sulphur therapy is indicated This Pamphlet Tells 
You   *    *    *   How  Q-Loid  supplies  colloidal sulphur in convenient tablets,
* * * to evolve a * * * means of administering colloidal sulphur. It 
remained for laboratory research to make the * * * advance * * * At 
Last! Colloidal Sulphur In Tablet Form. The development of the tablet method 
of colloidal sulphur * * * The * * * result was Q-Loid, colloidal sul- 
phur in tablet form, Q-Loid * * * A New Convenient Form of Colloidal 
Sulphur." Misbranding was alleged further in that the statements in the 
direction leaflet, "Yellow Tablets—to feed colloidal sulphur into the system," 
were false and misleading since the yellow tablets contained in addition to sul- 
phur, the synthetic coal-tar drug antipyrine. Misbranding was alleged further 
in that statements appearing upon the box and in a circular contained in the 
package falsely and fraudulently represented the curative and therapeutic 
effect of the article in the treatment of arthritis, rheumatism, and allied condi- 
tions.
On April 27 and June 27, 1938, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.