5577. Prophylactics. (F.D.C. No. 40754. S. No. 67–952 M.) QUANTITY: 40 gross at Kansas City, Mo.

SHIPPED: 9-6-57, from Chicago, Ill., by Frank G. Karg.

LABEL IN PART: "Peacocks Redi-Wet Slip-On Skin."
RESULTS OF INVESTIGATION:

Examination showed that 14 percent of the article

was defective in that it contained holes.

LIBELED: On or about 9-27-57, W. Dist. Mo.

CHARGE: 501 (c)—when shipped, the quality of the article fell below that which it purported to possess.

DISPOSITION: 11-18-57. Default-destruction.

5578. Prophylactics. (F.D.C. No. 40750. S. No. 78-011 M.)

QUANTITY: 20 ctns., 3 doz. units each, at Omaha, Nebr.

SHIPPED: 8-27-57, from North Kansas City, Mo., by Dean Rubber Mfg. Co.

LABEL IN PART:

"Peacocks Redi-Wet Slip-On Skins."

RESULTS OF INVESTIGATION: Examination showed that 15 percent of the article was defective in that it contained holes.

LIBELED: 9-24-57, Dist. Nebr.

CHARGE: 501(c)—when shipped, the quality of the article fell below that which it purported to possess.

DISPOSITION: 10-25-57. Default-destruction.

DRUGS ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS* 5579. Various drugs. (F.D.C. No. 40331. S. Nos. 62-441/45 M.) QUANTITY: 2 drums containing 23,800 tablets of Private Formula No. 204291 tablets, 9 1,000-tablet btls. of sodium bicarbonate tablets, 30 50-tablet boxes of Laubach's No. 25 Duplex tablets, 3 drums containing 41,000 tablets of Private Formula No. 204308 tablets, and 5 65-tablet boxes of Laubach's No. 15 tablets at Jersey City, N.J., in possession of Laubach Proprietary Medicines, Inc.

SHIPPED: Between 3-26-56 and 11-1-56, from Worcester, Mass., and Philadelphia, Pa.

LABEL IN PART: (Drum) "Private Formula *

Spec. #204291 * * Lot No. 39034 ** Each tablet contains: Sodium Salicylate 5 gr. *** Buchu 1 gr. Resin Guaiac Powder 2 gr."; (box) "Contents 25 White and 25 Pink Tablets Laubach's No. 25 Duplex Tablets White Tablet-sodium salicylate, Buchu, Guaiacum (resin) Pink Tablets-Sodium Bicarbonate"; (drum) "Private Formula *** Spec. #204308 * Each tablet contains: Magnesium Oxide (2 gr.) 0.12 Gm. Sodium Bicarbonate (3 gr.) 0.2 Gm. Calcium Carbonate (2 gr.) 0.12 Gm. Bismuth Subcarbonate (5 gr.) 0.3 Gm. Saccharin 0/1000 Gr. Oil of Peppermint 1/20 Gr."; (box) "Contents 65 Tablets Laubach's No. 15 Tablets Bismuth Subcarbonate, Magnesia, Calcined, Sodium Bicarbonate, Calcium Carbonate"; and (btl.) "Compressed tablets * Sodium Bicarbonate * ** 10 grains."

*See also Nos. 5562, 5568–5576.

ACCOMPANYING LABELING: Placard reading, in part, "Laubach's Medicines *** Laubach's No. 15 Tablets," leaflet entitled "Laubach's Medicines for Stomach Disorders," and booklets entitled "Are You Suffering From Acid StomachGastric Ulcers."

RESULTS OF INVESTIGATION: The tablets in the 30-box lot were repacked from the 2-drum and 9-bottle lots, and the tablets in the 5-box lot were repacked from the 3-drum lot. The accompanying labeling was printed locally for the consignee.

LIBELED: 6-21-57, Dist. N.J.

CHARGE: 502(a)—the labeling accompanying the articles, while held for sale, contained false and misleading representations that Laubach's No. 25 Duplex tablets were an adequate and effective treatment for acute rheumatic fever, muscular aches, pains, gout, and muscular lumbago, and that Laubach's No. 15 tablets were an adequate and effective treatment for stomach disorders, including stomach ulcers.

DISPOSITION: 9-3-57. Consent-claimed by Laubach Proprietary Medicines, Inc., Jersey City, N.J., and relabeled.

5580. Listerine. (F.D.C. No. 40843.

76-153 M, 76-289 M, 76-625 M.) QUANTITY: 89 14-oz. btls., 88 7-oz. 12 14-oz. btls. each, 135 cases, 12 btls. each, at Boston, Mass.

S. Nos. 60-746 M, 61-355 M, 75-869 M,

btls., and 114 3-oz. btls., and 23 cases, 7-oz. btls. each, and 87 cases, 48 3-oz.

SHIPPED: At various times, including 8-14-57, from Lititz, Pa., by Lambert-Hudnut.

LABEL IN PART: (Btl. wrapper) "Listerine Antiseptic * * * Alcohol 25% Ac tive Ingredients: Thymol, eucalyptol, methyl salicylate, menthol, benzoic acid and boric acid Lambert Pharmacal Company *** St. Louis, Mo." ACCOMPANYING LABELING: Placard headed: "A Timely Warning." LIBELED: 10-14-57, Dist. Mass.

CHARGE: 502(a)—the labeling accompanying the article, when shipped, contained false and misleading representations that the article was effective for preventing Asian influenza.

DISPOSITION: 3-10-58. Default-delivered to charitable institutions for their use and not for sale.

INDEX TO NOTICES OF JUDGMENT D.D.N.J. NOS. 5561 TO 5580

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THE ULRSITY
OF MICHIGAN

U.S. Department of Health, Education, and Welfare

FOOD AND DRUG ADMINISTRATION

NOV 12 1959

LIBRARY

NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD,
DRUG, AND COSMETIC ACT

[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]

5581-5620

DRUGS AND DEVICES

The cases reported herewith were instituted in the United States district courts by United States attorneys, acting upon reports submitted by the Department of Health, Education, and Welfare. They involve drugs and devices which were adulterated or misbranded within the meaning of the Act when introduced into and while in interstate commerce or while held for sale after shipment in interstate commerce. These cases involve seizure proceedings in which decrees of condemnation were entered after default or consent. The seizure proceedings are civil actions caken against the goods alleged to be in violation.

Published by direction of the Secretary of Health, Education, and Welfare.
GEO. P. LARRICK, Commissioner of Food and Drugs.

*For presence of a habit-forming substance without warning statement, see No. 5584; omission of, or unsatisfactory, ingredients statements, Nos. 5584, 5594, 5607; failure to bear a label containing an accurate statement of the quantity of the contents, Nos. 5584, 5607; failure to bear a label containing the name and pisce of business of the manufacturer, packer, or distributor, No. 5584.

524301-59-1

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