988. Misbranding of Stero-Uteroids.   TJ. S. v. 67 Cartons of Stero-Uteroids.   Decree
of destruction.    (F. D. C. No. 9216.    Sample NOB. 3548-F, 3549-F.)
On or about January 22, 1943, the United States attorney for the Western
District of Missouri filed a libel against 67 cartons of Stero-Uteroids at Kansas
City, Mo., which had been transported by the Ainsworth Specialty Co., alleging
that the article had been manufactured by the Curts-Folse Laboratories, Kansas
City, Kans., and transported to Kansas City, Mo., on or about August 21 and
November 16,1942; and charging that it was misbranded.
Analysis showed that the article consisted essentially of small proportions of
zinc sulfate, plant material including alkaloid-bearing drugs, and a trace of iodine
incorporated in a base of ichthammol and wool fat.
The article was alleged to be misbranded in that the statements "Stero-
Uteroids * * * To be used only by or on the prescription of a physician,"
appearing in its labeling, were misleading since such statements represented and
suggested that it was safe and appropriate for introduction into the uterus by,
or as directed by, a physician, whereas it was not safe or appropriate for intro-
duction into the uterus by a physician or any other person.
On April 2, 1943, the Ainsworth Specialty Co., Kansas City, Mo., claimant,
having filed an answer to the libel, and later having withdrawn such answer and
filed a confession of judgment with respect to the product, judgment was entered
ordering that the product be destroyed and that the costs of the proceedings be
assessed against the claimant.