30001. Misbranding of Chewing: Laxative and Cold Tablets. 17. S. v. 77 Cartons 
of Chewing Laxative and 98 Cartons of Cold Tablets. Default decrees 
of condemnation and destruction. (F. & D. Nos. 43637, 43638. Sample 
Nos. 22340-D, 22341-D.)
The labeling of these products bore false and fraudulent curative and thera- 
peutic claims and other misrepresentations.
On September 7 and 8, 1938, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of the above- 
named drug products at Chicago, Ill.; alleging that the articles had been shipped 
in interstate commerce on or about July 20, 1988, by Peltz-Kauffer Co., Inc., 
from South Bend, Ind.; and charging misbranding in violation of the Food and 
Drugs Act as amended. The articles were labeled: "Blackstone's Tru Laxative 
Bromides Quinine Cold Tablets"; and "Tru-Lax Mint Flavored Chewing 
Laxative."
Analysis showed that the cold tablets consisted of acetanilide (1.5 grains per 
tablet), quinine, bromides, and a laxative plant drug; and that the Chewing 
Laxative contained phenolphthalein (1 grain per piece), gum, sugar, and flavor- 
ing material.
The Chewing Laxative was alleged to be misbranded in that the statement 
"Just like your favorite gum for all the world just for pleasure," appearing 
in the circular, was false and misleading since it represented that the article 
was just like your favorite gum; whereas it was not since it contained 
phenolphthalein. It was alleged to be misbranded further in that the follow- 
ing statements in the labeling regarding its curative or therapeutic effects were 
false and fraudulent; (Retail carton) "Tru-Lax * * * laxative assimilated 
with the saliva will cause your bowels to function without any griping or 
distressing feeling"; (display carton) "For Constipation A Pleasant Laxative 
for Children * * * Use it For Your Health's Sake"; (circular) "Its laxa- 
tive reaction is quick, generous and inevitable. * * * gentle, smooth and 
without upsetting symptoms or distressing upset to the stomach. * * * Get 
the habit of chewing Tru-Lax every day so you will help eliminate the causes 
of constipation." The article also was alleged to be misbranded in violation of 
the Federal Food, Drug, and Cosmetic Act.
The cold tablets were alleged to be misbranded in that the statement 
"Quinine in this form does not affect the head," appearing on the box and in the 
circular, was false and misleading since it represented that the article would 
not affect the head; whereas it would affect the head. It was alleged to be 
misbranded further In that the following statements in the labeling regarding 
its curative or therapeutic effects were false and fraudulent: (Box) "These 
tablets are an ideal preparation for * * * coughs and the grippe. The 
second and third dose will alleviate the feverish conditions * * * Take the 
tablets sufficiently to keep the bowels open freely until relief sets in"; (display 
carton) "For Coughs, * * * For Your Health's Sake For * * * La 
Grippe";   (circular)   "These tablets  are  an ideal  preparation for   •   *   *
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Coughs; Headaches and the La Grippe. The second or third dose will allevi- 
ate the feverish conditions * * * Take the tablets until the bowels open 
freely, and relief sets in [similar statements in foreign languages]."
On November 15 and 29, 1938, no claimant having appeared, judgments of 
condemnation were entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.