760. Misbranding of Fermlax.    TJ. S. v. 61 Packages of Fermlax.    Default decree
of condemnation and destruction.     (F. D. C. No. 7450.     Sample No. 70672-E.)
On May 5, 1942, the United States attorney for the Eastern District of Ten-
nessee filed a libel against 61 packages of Fermlax at Chattanooga, Tenn., al-
leging that the article had been shipped in interstate commerce on or about
March 11, 1942, by Moon-Winn Drug Co., Inc., from Athens, Ga.; and charging
that it was misbranded.
Analysis of a sample of the article showed that it consisted essentially of
sodium bicarbonate, magnesium carbonate, calcium carbonate, bismuth sub-
nitrate, and rhubarb.
The article was alleged to be misbranded: (1) In that the directions on the
label, "Adult dose-Teaspoonful in a full glass of water three times a day after
meals. Children in proportion to age," provided for continuous administration,
whereas it was a laxative and should not be used continuously, and they also
failed to indicate the dosage for children of different ages. (2) In that the label-
ing failed to warn that a laxative should not be used in case of nausea, vomiting,
abdominal pain, or other symptoms of appendicitis; and that frequent or con-
tinued use of a laxative might result in dependence upon a laxative to move the
bowels. (3) In that it was in package form and its label failed to bear an
accurate statement of the quantity of the contents.
On June 12, 1942, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.