SECTIONS OF FEDERAL FOOD, DRUG, AND COSMETIC Act invoLVED IN VIOLATIONS Adulteration, Section 501 (b), the article purported to be and was represented Misbranding, Section 502(a), the labeling of the article was false and mis- NEW DRUGS SHIPPED WITHOUT EFFECTIVE APPLICATION 5581. Clarimycin. (F.D.C. No. 41325. S. No. 83-423 M.) QUANTITY: 35 display cartons, each containing 6 btls., at Columbus, Ohio. LABEL IN PART: (Btl.) "5 drams Clarimycin Anti-Biotic Acne Lotion LIBELED: 1-7-58, S. Dist. Ohio. CHARGE: 505(a)—The article, when shipped, was a new drug which may not DISPOSITION: 8-20-58. Consent-destruction. 5582. Clarimycin. (F.D.C. No. 41372. S. No. 60–378 M.) QUANTITY: 366 display cards, each containing 1 btl., at Detroit, Mich. SHIPPED: 11-25-57, from Jersey City, N.J., by Merritt Corp. LABEL IN PART: (Btl.) "Contents: 5 drams Clarimycin Anti-Biotic Acne STATES OF AMERICA 3581–56201 NOTICES OF JUDGMENT 41 CHARGE: 505(a)—the article, when shipped, was a new drug which may not DISPOSITION: Merritt Corp., claimant, having filed a motion for consolidation O'SULLIVAN, District Judge: "This cause is before the Court upon motion of "1) The claimant, Merritt Corporation, claims that its motion has validity 2) The Government's libel is bottomed upon its claim that the articles sub- “3) Claimant asserts that the cause pending in the District Court of Penn- "NOW, THEREFORE, it is hereby Ordered that the motion of Merritt Cor- On 8-27-58, the claimant having consented, the court entered a decree of 5583. Royal jelly capsules. (F.D.C. No. 40945. S. No. 69-118 M.) QUANTITY: 500 capsules, each containing 50 mg., of royal jelly at New York, SHIPPED: 9-10-57, from Linden, N.J. LABEL IN PART: "This Royal Jelly from selected queen cells is not more than ACCOMPANYING LABELING: Printed matter designated "Reprints of Scientific RESULTS OF INVESTIGATION: The article was shipped as described above in bulk LIBELED: 12-10-57, S. Dist. N.Y. CHARGE: 502(a)—the labeling accompanying the article, while held for sale, DRUGS IN VIOLATION OF PRESCRIPTION LABELING REQUIREMENTS 5584. Various drugs. (F.D.C. No. 40985. S. Nos. 79-421 M, 79-423/4 M, 79426/9 M.) QUANTITY: 10 vials of Suavitil benactyzine hydrochloride tablets, 700 tablets of Belladenal in an unlabeled btl., 1 700-tablet labeled btl. of Doriden, 1 800tablet btl. of Metamine with butabarbital, 1 850-tablet btl. of Ritalin, 1 1,000-tablet btl. of Plimasin, and 7 100-tablet btls. of Premarin, at Jersey City, N.J., in possession of Carl H. Kaplan Sales Co. SHIPPED: Between November 1956 and October 1957, from Rouses Point, Yonkers, and New York, N.Y. RESULTS OF INVESTIGATION: The articles, except for the Premarin tablets, consisted of physicians' samples which the consignee, Carl H. Kaplan Sales Co., had obtained from various drug salesmen, drug firms, and unknown sources, and had transported to Jersey City. All of the articles, including the Premarin tablets, were repacked and relabeled after receipt by the consignee. LIBELED: 12-2-57, Dist. N.J. CHARGE: 502(b)—while held for sale, the labels of the Suavitil benactyzine hydrochloride tablets, Belladenal tablets, Doriden tablets, Metamine with butabarbital tablets, and Plimasin tablets failed to bear (1) the name and place of business of the manufacturer, packer, or distributor, and (2) an accurate statement of the quantity of contents; 502(d)—the Belladenal tablets and Metamine with butabarbital tablets contained chemical derivatives of barbituric acid, and while held for sale, their labels failed to bear the name, and quantity or proportion of such dervative and in juxtaposition therewith the statement "Warning-May be habit forming"; 502(e) (2)—the label of the Belladenal tablets, while held for sale, failed to bear a statement of the quantity or proportion of the alkaloids of belladonna contained therein; 502 (f) (1)—while held for sale, the labeling of the Suavitil benactyzine hydrochloride tablets, Belladenal tablets, Doriden tablets, and Metamine with butabarbital tablets failed to bear adequate directions for use; and 503 (b) (4)-all of the articles were drugs subject to 503 (b) (1), and the labels of the articles, while held for sale, failed to bear the statement "Caution: Federal law prohibits dispensing without prescription." The libel alleged also that an article labeled "Obron" was misbranded under the provisions of the law applicable to foods, as reported in notices of judgment on foods. DISPOSITION: 1-15-58. Default-destruction. DRUGS AND DEVICES ACTIONABLE BECAUSE OF FAILURE TO BEAR ADEQUATE DIRECTIONS OR WARNING STATEMENTS* 5585. Super Protein Formula "90" and Formula "90" Supplement. (F.D.C. No. 41434. S. No. 75-649 M.) QUANTITY: 7 pkgs. containing 1 btl. of Super Protein Formula "90" and 1 btl of Formula "90" Supplement at Phoenix, Ariz. SHIPPED: 7-10-57, from Hollywood, Calif., by Hi-Pro Products Co. LABEL IN PART: (Btl.) "MpDs *** Super Protein Formula '90' An aid to Weight Reducing Increases Energy - Helps Reduce Weight *** MpDs is a Balanced Protein Food Supplement Contains No Calories See also No. 5584. 180 [or '360'] tablets" and "Formula '90' Supplement Reducing sules ** 15 Cap * an additional aid to weight reducing to be taken in conjunction with MpDs Super Protein Tablets *** Each Tablet Contains: Sodium Carboxy Methyl Cellulose.... 8 grains Phenylasitin (conc. Prune) . . . 0.5 Mg." ACCOMPANYING LABELING: Booklets entitled "Why Be Fat." CHARGE: 502 (a)-the labeling of the Super Protein Formula "90" and the Formula "90" Supplement, when shipped, contain false and misleading representations that the articles contained no calories, would burn up extra fat, increase metabolism, and otherwise act as an adequate and effective treatment for obesity; and 502(f) (2)-the Formula "90" Supplement contained an irritant laxative, and its labeling failed to warn that it should not be used when symptoms of appendicitis were present and that frequent or continued use may result in dependence on laxatives. 5586. Trim-All capsules. (F.D.C. No. 41453. S. No. 23-306 P.) QUANTITY: 3 drums containing a total of 41,500 capsules at North Hollywood, SHIPPED: 11-6-57, from Rensselaer, N.Y., by Delmar Pharmacal Corp. RESULTS OF INVESTIGATION: Analysis showed that the article contained 77 percent of the labeled amount of phenylpropanolamine Hcl and 64 percent of the labeled amount of ascorbic acid, of which the article released 90 percent of both in 2 hours. The article was intended to be repackaged and relabeled by the consignee as follows: "21 Trim-All Capsules (an Appetite Depressant) Each Trim-All Timed Capsule Contains: Phenylpropanolamine Hcl 60 mg. Acetphenolis Sodium Caseinate 3 gr. Dextrose 3 gr. Ascorbic acid 50 mg. atin 0.5 mg. In a specially prepared Timed disintegrating capsule that releases the ingredients over a period of approximately eight hours. LIBELED: 3-6-58, S. Dist. Calif. CHARGE: 501 (c)—when shipped, the strength of the article differed from, and its quality fell below, that which it purported or was represented to possess since it contained less than the labeled amounts of phenylpropanolamine Hcl and ascorbic acid, and it failed to release its ingredients over an 8-hour period; 502 (a)—the label statements of the article, when shipped and while held for sale, namely, "Each capsule contains 60 mg. Phenylpropanolamine Hcl. * 50 mg. Ascorbic Acid” and “Each Trim-All Timed Capsule Contains: Phenylpropanolamine Hcl 60 mg. * * * Ascorbic acid 50 mg. * In a specially prepared Timed disintegrating capsule that releases the ingredients over a period of approximately eight hours," were false and misleading; and 502 (f) (2)—the article was a laxative, and its labeling, when shipped and while held for sale, failed to warn against use when symptoms of appendicitis are present and that frequent or continued use may result in dependence on laxatives. DISPOSITION: 3-26-58. Default-destruction. 5587. Salicon tablets. (F.D.C. No. 40953. S. No. 76-626 M.) QUANTITY: 135 100-tablet btls., 61 30-tablet btls., and 60 12-tablet btls. at Portland, Maine. SHIPPED: 9-30-57, from Boston, Mass., by K. A. Hughes Co. LABEL IN PART: "Salicon *** 5 Grain Tablets Active Ingredients: Acetylsalicylic acid (U.S.P. Aspirin) calcium carbonate and magnesium carbonate." 11-14-57, Dist. Maine. LIBELED: CHARGE: 502(a)—when shipped, the label of the article contained false and misleading representations that the article was an adequate and effective treatment for nervous tension and sleeplessness; 502 (f) (1)—the labeling of the article failed to bear adequate directions for use since, in lieu of a dosage statement for children under 3 years of age, its labeling failed to state that for the 3 year and under age group a physician should be consulted; and 502 (f) (2)—its labeling failed to bear a warning against misuse by children since its labeling failed to warn that the product should be kept out of reach of children. DISPOSITION: 1-7-58. Default-destruction. 5588. Zina-Ray oil, inhalers, and Ten Second Rub. (F.D.C. No. 41449. S. No. 24-906 P.) QUANTITY: 1,080 1-oz. btls. and 284 3-oz. btls. of Zina-Ray oil, 26 cartons, each containing 1 gross of inhalers, and 1,065 1-oz. tubes and 265 3-oz. tubes of Ten Second Rub at Minneapolis, Minn., in possession of William R. Hall. SHIPPED: Between 1-7-58 and 1-21-58, from Chicago, Ill. LABEL IN PART: (Btl.) "Zina-Ray Oil *** Contains eucalyptus oil, menthol, pine needle oil, peppermint oil"; (vial) "Inhaler Directions: Insert a few drops of ✶✶ ✶ Zina-Ray Oil into the end of inhaler”; and (tube) "Ten Second Rub * * Active ingredients: Lanolin, menthol, eucalyptus oil, peppermint oil, and pine needle oil." LIBELED: 3-7-58, Dist. Minn. CHARGE: 502 (f) (1)—while held for sale, the labeling of the articles failed to bear adequate directions for use for the purposes for which they were intended, namely, (Zina-Ray oil and inhalers) for preventing headache, pain in the gums, neuralgia, deafness, arthritis, rheumatism, formation of crystal deposits in the bones, inflammation of the ear, pneumonia, “flu”, and overcoming sinus infection and asthma, and (Ten Second Rub) for overcoming arthritis, rheumatism, and all aches and pains to which the body is subject, which were the purposes for which the articles were recommended orally by William R. Hall on 1-23-58. DISPOSITION: 4-21-58. Default-destruction. DRUGS AND DEVICES ACTIONABLE BECAUSE OF DEVIATION FROM OFFICIAL OR OWN STANDARDS⭑ 5589. Chorionic gonadotropin. (F.D.C. No. 41363. S. No. 68-979 M.) QUANTITY: 1,758 vials at New York, N.Y. RESULTS OF INVESTIGATION: Examination showed that the article contained substantially less than 2,500 International Units of chorionic gonadotropin potency per vial. |