31134. Adulteration and misbranding of British oil, Elixir Aspirin and Murray's 
Horehound, Mullein and Tar; Misbranding of Dalby's Carminative and 
Dr. Hilton's Life Brand for the Kidneys and Liver. V. S. v. McKesson' 
& Robbins, Inc., Murray Division.    Plea of nolo contendere.    Fine, $100.
(P. & D. No. 42625.    Sample Nos. 764-D, 10034-D, 10035-D, 10037-D, 54353-C, 
54354-C, 54355-C.)
This case was based on two shipments of British oil and one shipment 
of Murray's Horehound, Mullein and Tar which differed from their declared 
strength and the labeling of which bore false and fraudulent curative and 
therapeutic claims; one shipment of Elixir Aspirin which differed from its 
declared strength; one shipment of Dalby's Carminative which was labeled to 
indicate that it was safe but which in fact was not safe and the labeling 
of which also bore false and fraudulent curative and therapeutic claims; and 
two shipments of Dr. Hilton's Life Brand for the Liver and Kidneys the label- 
ing of which bore false and fraudulent curative and therapeutic claims and 
a false and misleading declaration of alcohol and falsely represented that it 
complied with the law.
On February 20, 1939, the United States attorney for the Eastern District 
of South Carolina filed an information against Monessen & Robbins, Inc., 
Murray Division, Columbia, S. C, alleging shipment within the period from on 
or about February 15, 1937, to on or about February 7, 1938, from the State 
of South Carolina into the States of Florida and Georgia of quantities of the 
above-named drug preparations all of which were misbranded and portions 
of which were also adulterated.
Analyses showed that one lot of the British ail consisted essentially of a 
mixture of cottonseed oil, petroleum, turpentine, a trace of phenolic substances 
and little, if any, linseed oil, and that the other lot consisted essentially of a 
mixture of fatty oil, petroleum, and turpentine; that Dalby's Carminative con- 
sisted essentially of a liquid containing, oils of peppermint and anise, mag- 
nesium carbonate in suspension, and morphine equivalent to slightly less than 
the declared 1% grains of powdered opium; that Murray's Horehound, Mullein 
and Tar consisted essentially of a syrupy solution containing horehound, tar, 
sugar, menthol, and chloroform (1.06 minims per fluid ounce); and that Dr. 
Hilton's Life for the Kidneys and Liver consisted essentially of a dilute hydro- 
alcoholic sugar solution containing essentially plant extractives including those 
of emodin-bearing drugs, flavored with licorice and other aromatics.
The British oil was alleged to be adulterated in that its strength and 
purity fell below the professed standard and quality under which it was 
sold, namely, "Prepared according to the formula * . * * published in the 
United States Dispensary, tenth edition, page 521," since it contained little, 
if any, oil of linseed but did contain cottonseed oil; whereas British oil prepared 
according to the said formula contains in each 27 fluid ounces, among other 
things, 8 fluid ounces of oil of linseed and does not contain cottonseed oil.
The British oil was alleged to be misbranded in that the statements "British 
Oil Prepared according to the formula * * * published in the United 
States Dispensary, tenth edition, page 521," were false and misleading. It was 
alleged to be misbranded further in that statements in the labeling regarding 
its curative and therapeutic effects falsely and fraudulently represented that it 
was effective as a treatment, remedy or cure for swellings, inflammations, the 
blackness of a bruise, fresh wounds, cuts, earaches, coughs, shortness of breath, 
pain, swelling, ulcers, and inward disorders.
The Elixir Aspirin was alleged to be adulterated in that its strength fell 
below the professed standard and quality under which it was sold, namely, 
"Bach fluid drachm contains 5 grains Acetylsalicylic Acid" since it did not 
contain 5 grains of acetylsalicylic acid per fluid ounce but did contain a smaller 
amount, namely, not more than 4.22 grains.
It was alleged to be misbranded in that the statement "Each fluid drachm 
contains 5 grains Acetylsalicylic Acid" was false and misleading since each 
fluid drachm of the article contained less than 5 grains of acetylsalicylic acid.
Dalby's Carminative was alleged to be misbranded in that the following 
statements, "For Infants Afflicted With Wind, Watery Gripes, Fluxes and Other 
Disorders of the Stomach and Bowels. It is a safe Medicine * * * and 
often proves an immediate remedy in the above complaints of children and 
is equally useful in disorders of a similar nature, proceeding from a redundency 
of acid humors in the stomach of grown persons. When the child is oppressed 
with wind, or pained in the bowels, this medicine may be given in the follow- 
ing doses; if the first dose should not procure relief in about ten minutes, the 
same dose may be repeated twice, or even three times if necessary. For a 
child in the first week, from three to ten drops; from one to four .weeks old, 
it may be gradually increased to half a teaspoonful; and from one to six 
months old, from half to a whole teaspoonful; from thence to a year old two 
teaspoonf uls; increasing the dose according to the child's age or constitution. 
* * * In water gripes and bloody stools the dose before mentioned may be 
repeated every two or three hours during the violence of the symptoms after- 
wards every morning and evening till the disorder is removed. A grown 
person may take a half or two-thirds of a bottle at a dose, or if the pain be 
violent, he may take a whole bottle, mixed well with some convenient liquid," 
in an accompanying circular were false and misleading since they represented 
and created the impression and belief in the minds of purchasers that the 
article, when taken as directed therein, was a safe medicament; whereas it 
was not a safe medicament but was a dangerous one when taken as so directed. 
It was alleged to be misbranded further in that said statements in the labeling 
regarding its curative and therapeutic effects falsely and fraudulently repre- 
sented that it was effective as a treatment, remedy, and
' cure for wind, water 
gripes, fluxes, bloody stool and other disorders of the stomach and bowels of 
infants and children and disorders of a similar nature of grown persons, and 
that when used as directed, it was a safe and appropriate remedy for the 
disease conditions mentioned in the labeling.
Murray's Horehound, Mullein and Tar was alleged to be adulterated in that 
its strength fell below the professed standard and quality under which it was 
sold, namely, "Each fluid oz. contains chloroform 2 minims" since each fluid 
ounce did not contain 2 minims of chloroform but did contain a smaller amount, 
namely not more than 1.06 minims.
It was alleged to be misbranded in that the statement "Bach fluid oz. con- 
tains chloroform 2 minims" borne on the label was false and misleading since 
each fluid ounce of the article contained less than 2 minims of chloroform. 
It was alleged to be misbranded further in that said statements in the labeling 
regarding its curative and therapeutic effects falsely and fraudulently repre- 
sented that it was effective as an antispasmodic in croup and as a treatment, 
remedy, and cure for chronic and recent coughs, bronchitis, hoarseness, loss of 
voice, and all diseases of the throat and lungs.
Dr. Hilton's for the Liver and Kidneys was alleged to be misbranded in that 
the statements "Guaranteed under the Food and Drugs Act, June 30, 1906" with 
respect to one lot and the statements "Guaranteed by Life Medicine Co., under 
the Food and Drugs Act, June 30, 1906" with respect to the other lot and the 
statements "Alcohol 20 Per Cent" with respect to both lots, borne on the labels, 
were false and misleading in that they represented that the article complied with 
each and every provision of the Food and Drugs Act and had been examined 
by officers of the Government and was guaranteed by such officers to comply with 
each and every provision of said Act and that it contained 20 percent of alcohol; 
whereas it did not comply with each and every provision of the Act of Congress 
of June 30, 1906, and contained less than 20 percent, namely, approximately 13.3 
percent by volume of alcohol.
It was alleged to be misbranded further in that the packages failed to bear 
a statement on the label of the quantity or proportion of alcohol it contained 
since the statement on the label was not correct.
It was alleged to be misbranded further in that statements regarding its cura- 
tive and therapeutic effects falsely and fraudulently represented that it was 
effective to cleanse the system, to purge the liver and dispel biliousness, sick
headache and all ailments due to a sluggish or inactive liver, to produce healthy 
operation of the bowels, to regulate the stomach, liver and kidneys, to purify 
the blood, to strengthen, regulate and give tone to the whole system, to improve 
digestion, to ward off malaria and thus prevent chills and fever; to remove the 
cause of derangement and effect a cure in liver complaint; to remove the cause 
of dyspepsia; to restore digestion to its healthy condition; to relieve sick head- 
ache and remove the cause thereof; to relieve piles, to make the bowels act 
regularly; to correct the liver and kidneys and make their secretions healthy; 
to make the blood pure; to cause worms to leave the bowels; to effect a cure 
of rheumatism, gout and neuralgia; to purify the blood and carry off impurities 
and build up broken-down constitutions and make them like new; and effective, 
among other things, as a treatment, remedy, or cure for habitual constipation, 
dyspepsia,, indigestion and their effects such as nausea, sick headache and sour 
stomach; female complaints; weight or pain in the right side; frequent palpi- 
tation of the heart; uneasiness at the stomach; pains in the sides, back and 
lower part of the bowels; diseases of the kidneys, impure blood, diseases of the 
skin, scrofula, sore mouth, salt rheum, pimples on the face, old sores or ulcers, 
all humors of the blood, and dropsy.
On November 8, 1940, a plea of nolo contendere having been entered on behalf 
of the defendant, the court imposed a fine of $100.