1007. Misbranding: of Chu-man-ie's Regular "Triple XXX" Herb and Iron Mensal
Medicine. XT. S. v. Charles Roehm (Chumanie Medicine Co.). Plea of not
guilty. Tried to a jury. Verdict of guilty. Sentence of 6 months in jail
suspended and defendant placed on probation for 1 year.    (F. D. C. No.
7723.   Sample No. 59725-E.)
On December 10, 1942, the United States attorney for the Eastern District of
Michigan filed an information against Charles Roehm, trading as the Chumanie
Medicine Co. at New Richmond, Ohio, and Detroit, Mich., alleging shipment on
or about January 12,1942, from the State of Michigan into the State of Maryland
of a quantity of the above-named product.
Analysis of the article showed that it was in the form of tablets which con-
tained ferrous sulfate and plant, material, including aloe.
The article was alleged to be misbranded in that the statements in its labeling
which represented and suggested that it would be efficacious as a mensal medi-
cine, and would be efficacious in the treatment of amenorrhea (suppressed
menstruation), oligomenorrhea (scanty or infrequent menstruation), and
dysmenorrhea (difficult or painful menstruation), were false and misleading
since the article would not be so efficacious. It was alleged to be misbranded
further in that its labeling did not bear adequate directions for use, since it was
a laxative and should not be used continuously, and the labeling failed to warn
against continuous use of the article.
On December 7, 3943, the case came on for trial, and at its conclusion on
December 9, 1943, the jury returned a verdict of guilty. The court imposed a
sentence of 6 months in jail, but suspended the sentence and placed the defendant
on probation for 1 year, specifying as a part of the probation that he was not
to prepare or market the above-named product until he had submitted an accept-
able label to the Food and Drug Administration.