80978. Misbranding of Prescription A Compound, Anti-Rheumatic Fever Com- 
pound, Camfo-Phenol Lotion, Astringent Compound, Alterative Com- 
pound, Alkaline Laxative, Cascara Compound Tablets, Aromatic Cascara 
Sagrada, Medicated Discs, Eye Drops, Tablets Iron Tonic Compound. 
Liquid Iron Tonic Compound, Pepsin and Acid Compound, Pleasant 
Laxative 'Wafers, Quinine Compound Tablets, Anti-Rheumatic Oint- 
ment, Antacid Tablets, Astringent Mouth Wash and Gargle. U. S. v. 
Modern Drugs, Inc. Plea of guilty. Fine, 8555. (F. & D. No. 42668. 
Sample Nos. 16831-D, 16844-D, 16847-D, 16848-D. 16849-D, 16860-D, 
16862-D to 16865-D, Incl., 16867-D, 16869-D, 16870-D, 16872-D, 16873-D, 
16877-D, 16878-D, 16879-D, 16880-D, 16883-D, 16884-D, 17335-D, 17337-D, 
17338-D, 34202-D, 34211-D, 34212-D, 34213-D.)
The labeling of these products bore false and fraudulent representations 
regarding their curative and therapeutic effectiveness. Certain of the products 
also bore false and misleading representations as stated hereinafter.
On July 22, 1939, the United States attorney.for the Northern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Modern Drugs, Inc., Philippi, W. Va., 
alleging shipment by said defendant within the period from on or about Octo- 
ber 18, 1937, to on or about June 2, 1938, from the State of West Virginia 
into the States of Maryland and Virginia of quantities of the above-named 
drug products which were misbranded in violation of the Food and Drugs 
Act as amended.
Analysis of Prescription A Compound showed that it consisted essentially of 
extracts of plant drugs, including an alkaloid-bearing drug, sodium salicylate, 
alcohol, sugar, and water. Two of the three shipments of this product were 
alleged to be misbranded in that certain statements in the labeling regarding 
its therapeutic and curative effects falsely and fraudulently represented that 
Jt was effective as a treatment in fever temperature and pneumonia. The 
third shipment of this product was alleged to be misbranded in that certain 
statements in the labeling regarding its therapeutic and curative effects falsely 
and fraudulently represented that it was effective as a treatment in fever 
temperature and summer flu; effective as a first aid in stopping any emergency 
fever; effective to break up an emergency fever which otherwise might "run 
into" pneumonia; effective as a treatment in every emergency fever; effective 
for the treatment and prevention of acute childhood fevers and measles, acute 
infectious fevers, scarlet fever, mumps, German measles, chicken-pox, and 
other acute childhood fevers; effective to promote free sweating and to help 
patient to "break out" fully; effective for the treatment and prevention of re- 
spiratory infections, flu, bronchitis, grippe, pneumonia, laryngitis, croup, broncho- 
pneumonia, lobar pneumonia, pleurisy, influenza, and tonsillitis; effective to 
abort or "break up" serious conditions that may come from colds; and effective 
to reduce fever temperature and break up the cold before it becomes serious.
Analysis of the Anti-Rheumatic Fever Compound showed that it consisted 
essentially of extracts of plant drugs including an alkaloid-bearing drug, small 
proportions of sodium salicylate, potassium acetate, potassium iodide, alcohol, 
sugar, and water. It was alleged to be misbranded in that certain statements 
In the labeling of one shipment regarding its therapeutic and curative effects, 
falsely and fraudulently represented that it was effective as a treatment for 
rheumatic fever, rheumatism, and various forms of rheumatism, such as neu- 
ralgia, lumbago, muscular aches and pains, and in that of the other shipment 
that it was effective in the treatment of rheumatic fever  and rheumatism.
Analysis of Camfo-Phenol showed that it consisted essentially of camphor, 
phenol (31.7 percent by weight in one sample and 35.5 percent by weight in 
the other), alcohol, and iodine. It was alleged to be misbranded in that 
certain statements in the labeling regarding its therapeutic and curative effects 
falsely and fraudulently represented that it was effective as a treatment for
infection, wounds, abscesses, boils, carbuncles, chronic sores, burns, scalds, and 
ulcers including ulcers in syphilis, tuberculosis, and other debilitating diseases; 
effective to prevent infection and to prevent abscesses from forming; effective 
as a first aid treatment of ulcer; and effective to give quick relief in first- 
degree burns and to prevent germs from entering the blood or lymph channels 
and causing blood poison.
Analysis of the Astringent Compound showed that it consisted essentially of 
extracts of plant drugs including ginger and nutmeg, small proportions of 
zinc sulfocarbolate, calcium sulfocarbolate, sodium sulfocarbolate, menthol, 
pepsin, bismuth subnitrate, alcohol, glycerin, sugar, and water, flavored with 
aromatics and colored with a red dye. It was alleged to be misbranded in 
that the statement "Contains No Opiates or Other Harmful Drugs," borne on 
the bottle label, was false and misleading since the article contained zinc 
sulfocarbolate, calcium sulfocarbolate, and sodium sulfocarbolate, ingredients 
which might be harmful in the dosage recommended in the directions on the 
label. It was alleged to be misbranded further in that certain statements 
in the labeling regarding its therapeutic and curative effects falsely and fraud- 
ulently represented that it was effective as an intestinal antiseptic; effective 
as a diarrhea remedy; effective to soothe the irritated intestinal membrane, 
to stop the absorption of poison and to neutralize the offending toxins; effective 
for the treatment and prevention of disturbances of the digestive system, 
inflammation of the stomach (gastritis), ulcer of stomach, duodenal ulcer, 
gall-bladder disease, Inflammation of the intestines (enteritis), appendicitis, 
gastro-intestinal disorders, digestive disturbances, rectal disorders, piles or 
hemorrhoids, proctitis, fissure-in-ano or fissure, perirectal abscess, fistula and 
rectal irritations; and effective to heal irritated intestinal membranes.
Analysis of the Alterative Compound showed that it consisted essentially of 
potassium iodide, small proportions of an ammonium salt and volatile oils 
including methyl salicylate, plant extractives including cascara, and an alka- 
loid-bearing drug, alcohol, sugar, glycerin, and water. It was alleged to be 
misbranded in that certain statements in the labeling regarding its therapeutic 
and curative effects falsely and fraudulently represented that it was effective 
as a treatment in conditions arising from a sluggish system and as a treatment 
for abscesses, boils, carbuncles, and infections; effective to prevent abscesses 
from forming; and effective as a tonic.
Analysis of Alkaline Laxative showed that it consisted essentially of extracts 
of plant drugs including cascara and licorice, sodium bicarbonate, volatile oils 
(including oil of anise, oil of orange, and a mint oil) alcohol, glycerin, sugar, 
and water. It was alleged to be misbranded in that the statement, "Improves 
the action of the bowels without establishing the laxative habit," borne on 
the bottle label, was false and misleading, since the article would not improve 
the action of the bowels without establishing the laxative habit, since it con- 
tained cascara and licorice, laxative drugs. It was alleged to be misbranded 
further in that certain statements in the labeling regarding its therapeutic and 
curative effects falsely and fraudulently represented that it was effective for 
the treatment and prevention of appendicitis, gastro-intestinal disorders, ulcer 
of the stomach, digestive disturbances and hives; and effective to keep the 
stomach sweet.
Analysis of the Cascara Compound Tablets showed that they contained plant 
material including cascara and podophyllum, aloin, and sodium bicarbonate 
and were coated with sugar. They were alleged to be misbranded in that 
certain statements in the labeling regarding their therapeutic and curative 
effects falsely and fraudulently represented that they were effective for the 
treatment and prevention of disturbances of the digestive system, inflammation 
of the stomach (gastritis), ulcer of stomach, duodenal ulcer, gall-bladder 
disease, inflammation of the intestines (enteritis), appendicitis, gastro-intestinal 
disorders, digestive disturbances and hives; effective to clean out the bowels; 
and effective to keep the stomach sweet.
Analysis of the Cascara Sagrada (Aromatic) showed that It consisted essen- 
tially of extract of cascara, glycerin, licorice, alcohol, and water, sweetened 
with saccharin and flavored with oil of anise. It was alleged to be misbranded 
in that certain statements in the labeling regarding its therapeutic and curative 
effects falsely and fraudulently represented that it was effective for the 
treatment and prevention of disturbances of the digestive system, inflammation 
of the stomach (gastritis), ulcer of the stomach, duodenal ulcer, gall-bladder 
disease, inflammation of the intestines (enteritis), appendicitis, gastro-intes- 
tinal disorders, or digestive disturbances; and effective to keep the stomach 
sweet.
Analysis of the Medicated Discs showed that they contained small propor- 
tions of anesthesin, creosote, volatile oils (including methyl salicylate, menthol, 
and oil of cubeb), balsam of tolu, elm bark, gum, sugar, and talc, colored with a 
pink dye. The article was alleged to be misbranded in that certain statements 
in the labeling regarding its therapeutic and curative effects falsely and 
fraudulently represented that it was effective for the treatment and prevention 
of diseases of the eye, ear, nose, and throat; effective for the treatment and 
prevention of sore mouth, pyorrhea, thrush, and trench mouth; effective to 
relieve soreness and irritation; and effective as a medication for irritated 
bronchial tubes.
Analysis of the Eye Drops showed that the article consisted essentially of 
boric acid (3.9 percent), traces of zinc sulfate, hydrastic alkaloids, and chlore- 
tone, flavored with oil of rose and colored with a yellow dye. Bacteriological 
examination showed that it was not an antiseptic.
It was alleged to be misbranded in that the statement, "Antiseptic," appearing 
in a booklet which accompanied it, was false and misleading since it was not an 
antiseptic. It was alleged to be misbranded further in that certain statements 
in the labeling regarding its therapeutic and curative effects falsely and fraudu- 
lently represented that it was effective as a treatment for conimbn irritations of 
the eyes and eyelids; effective for the prevention and treatment of eye irritation 
and other infections which are carried to the eyes; and effective as an antiseptic. 
Analysis of the Iron Tonic Compound Tablets showed that they contained iron 
and manganese compounds and plant material (including nux vomica, capsicum, 
and an emodin-bearing drug such as cascara), coated with sugar, calcium car- 
bonate, and talc. It was alleged to be misbranded in that the statement "Tab- 
lets Iron Tonic Compound," borne on the box label, was false and misleading 
since it represented that the article contained iron as its essential physiologically 
active ingredient; whereas it contained other physiologically active ingredients, 
to wit, manganese, and plant material including nux vomica, capsicum, and 
an emodin-bearing drug such as cascara. It was alleged to be misbranded 
further in that certain statements in the labeling regarding its therapeutic and 
curative effects falsely and fraudulently represented that it was effective as a 
tonic; effective as a treatment for abscesses, boils, carbuncles, infections, hay 
fever, and eczema; effective to prevent abscesses from forming; effective for 
the treatment and prevention of disturbances of the blood and circulatory sys- 
tem ; and effective to build health, vigor, strength, and endurance.
Analysis of the Liquid Iron Tonic Compound showed that it consisted essen- 
tially of extracts of plant drugs including cascara, small proportions of compounds 
of arsenic, manganese, calcium, and iron, hypophosphites, alcohol, sugar, and 
water. It was alleged to" be misbranded in that the statement "Liquid Iron 
Tonic Compound," borne on the bottle label, was false and misleading since it 
represented that the article contained iron as its essential physiologically active 
ingredient: whereas it did not contain iron as its essential physiologically 
active ingredient but did contain other physiologically active ingredients, 
namely, extracts of plant drugs including cascara, and small proportions of 
compounds of arsenic, manganese, calcium, and hypophosphites. It was alleged 
to be misbranded further in that certain statements in the labeling regarding its 
therapeutic and curative effects falsely and-fraudulently represented that it 
was effective as a tonic; effective as a treatment for abscesses, boils, carbuncles, 
hay fever, eczema, and infections; effective to prevent abscesses from forming; 
effective for the treatment and prevention of respiratory infections, flu, grippe, 
bronchitis, pneumonia, laryngitis, croup, broncho-pneumonia, lobar pneumonia, 
pleurisy, influenza, and disturbances of the blood and circulatory system; 
effective to prevent recurrences and improve the general health; effective to 
build up strength and endurance and prevent a relapse; and effective to build 
health, vigor, strength, and endurance.
Analysis of the Pepsin and Acid Compound showed that it consisted essen- 
tially of pepsin, a small proportion of hydrochloric acid, alcohol, glycerin, and 
water, flavored with aromatics and colored with a red dye. It was alleged to 
be misbranded in that certain statements in the labeling regarding its thera- 
peutic and curative effects falsely and fraudulently represented that it was 
effective as a treatment, remedy, and cure for sick stomach and vomiting.
Analysis of the Pleasant Laxative Wafers showed that they contained 
phenolphthalein (2 grains per tablet), sugar, starch, and aromatics including 
oil of sassafras.    It was  alleged  to  be  misbranded  in  that  the statement,
234567°—40 4
"Pleasant Laxative Wafers * * * Good tasting candy containing a mild 
* * * laxative," borne on the box label, was false and misleading since it 
represented that the article was a mild laxative; whereas it contained in each 
tablet 2 grains of phenolphthalein, which is not a mild laxative. It was alleged 
to be misbranded further in that certain statements in the labeling regarding 
its therapeutic and curative effects falsely and fraudulently represented that 
it was effective for the treatment and prevention of disturbances of the diges- 
tive system, inflammation of the stomach (gastritis,), ulcer of stomach, 
duodenal ulcer, gall-bladder disease, inflammation of the intestines (enteritis), 
and appendicitis; effective as a treatment, remedy, and cure for gastro-intesti- 
nal disorders and ulcer of the stomach; and effective to keep the stomach sweet
Analysis of the Quinine Compound Tablets showed that they contained acetani- 
lide, quinine sulfate, camphor, aloin, resin of podophyllum, and sodium bicarbonate, 
coated with calcium and colored with a pink dye. It was alleged to be mis- 
branded in that certain statements in the labeling regarding its therapeutic 
and curative effects falsely and fraudulently represented that it was effective 
for the treatment and prevention of respiratory infections, flu, grippe, bron- 
chitis, pneumonia, laryngitis, croup, broncho-pneumonia, lobar pneumonia, 
pleurisy, and influenza; and effective to keep nose and throat dry, and to check 
excessive sweating.
Analysis of the Anti-Rheumatic Ointment showed that it contained sodium 
salicylate, methyl salicylate, capsicum, turpentine, volatile oils (including cam- 
phor, menthol, and oil of cajuput), incorporated in a petrolatum base. It was 
alleged to be misbranded in that certain statements in the labeling regarding 
its therapeutic and curative effects falsely and fraudulently represented with 
respect to both shipments that it was effective as an anti-rheumatic ointment; 
effective as a relief of pain and swellings; effective for the treatment of conges- 
tion of the lungs, pneumonia, muscular soreness, aches and pains, simple neu- 
ritis, simple neuralgia, lumbago, myalgia, and other similar forms of what is 
commonly known as rheumatism; effective to aid in the restoration of the 
affected parts to normal; and with respect to one of the shipments that it was 
also effective for the treatment and prevention of respiratory infections, flu, 
grippe, bronchitis, pneumonia, laryngitis, croup, broncho-pneumonia, lobar pneu- 
monia, pleurisy, and influenza; and effective for the treatment of tightness in 
the chest.
Analysis of the Antacid Tablets showed that they contained calcium phosphate, 
calcium carbonate, small proportions of a protein-like material, and saccharin, 
and starch, flavored with aromatics. It was alleged to be misbranded in that 
certain statements in the labeling regarding its therapeutic and curative effects 
falsely and fraudulently represented that it was effective to aid protein diges- 
tion; effective to relieve heartburn, sour stomach, flatulence, and gas; effective 
as a treatment for indigestion, gastro-intestinal disorders, ulcer of the stomach 
and digestive disturbances; effective to aid the stomach in digestion; effective 
for the treatment and prevention of disturbances of the digestive system, inflam- 
mation of stomach (gastritis), ulcer of stomach, duodenal ulcer, gall-bladder 
disease, inflammation of the intestines (enteritis), and appendicitis; and effec- 
tive to keep the stomach sweet.   .
Analysis of the Astringent Mouth Wash and Gargle showed that it consisted 
essentially of boric acid, sodium benzoate, volatile oils (including thymol, men- 
thol, eucalyptol, and oil of wintergreen), tannic acid, alcohol, and water. It 
was alleged to be misbranded in that certain statements in the labeling regard- 
ing its therapeutic and curative effects falsely and fraudulently represented that 
it was effective for the treatment and prevention of diseases of the eye, ear, 
nose and throat, sore mouth, pyorrhea, thrush, trench mouth, and other common 
Irritations of the mouth; effective as an antiseptic throat gargle for tonsillitis; 
and effective as an antiseptic mouth wash.
The information charged that Camfo-Phenol was also misbranded in viola- 
tion of the Federal Caustic Poison Act, reported in notices of judgment pub- 
lished under that act.
On November 22, 1939, a plea of guilty was entered on behalf of the defend- 
ant. On December 22, 1S39, the court imposed a fine of $555 for violation of 
the Food and Drugs Act and a fine of $30 for violation of the Federal Caustic 
Poison Act.
GROVER B. HILL, Acting Secretary of Agriculture.