1239. Misbranding of Dr. Marshall's Scalp Medications.    U. S. v. T. Noonan &
Sons Co.    Plea of guilty.    Fine, $200.     (F. D. C. No. 11353.    Sample Nos.
56554-F to 56557-F, incl.)
On March 6, 1944, the United States attorney for the District of Massachusetts
filed an information against T. Noonan & Sons Co., a corporation, Boston, Mass.,
alleging shipment of quantities of scalp lotions and creams on or about May 28 and
July 30, 1943, from the State of Massachusetts into the State of New York. The
articles were labeled in part: "Dr. Marshall's Scalp Medication [or "Medications"]
Scalp Cream No. 1 [or "Scalp Cream No. 3," "Scalp Lotion A," or "Scalp Lotion
B"]."
Analysis disclosed that the Scalp Cream No. 1 contained sulfur, salicylic acid,
and tar oils incorporated in a base of petrolatum and lanolin; that the Scalp
Cream No. 3 contained sulfur, Peru balsam, and betanaphthol incorporated in a
petrolatum and lanolin base; that the Scalp Lotion A consisted essentially of beta-
naphthol, quinine, resorcinol, a saponifiable oil such as castor oil, alcohol, and
water; and that the Scalp Lotion B consisted essentially of betanaphthol, resorci-
nol, alcohol; and water, perfumed with a small proportion of aromatic oils.
The articles were alleged to be misbranded because of the false and misleading
statements appearing on their respective labels which represented and suggested
that the Scalp Cream No. 1 would be efficacious in the treatment of oily dandruff
or psoriasis; that the Scalp Cream No. 3 and the Scalp Lotion A would be efficacious
in the treatment of falling hair or alopecia areata (bald spots); and that the Scalp
Lotion B would be efficacious in the treatment of oily hair, oily dandruff, or
psoriasis.
The Scalp Lotions A and B were 'alleged to be misbranded] further in that they
were not designated solely by a name recognized in an official compendium, and
were fabricated from two or more ingredients, one of which was alcohol, and their
labels did not bear the common or usual name of each active ingredient, including
a statement of the quantity or proportion of alcohol present in the articles.
On March 14, 1944, a plea of guilty having been entered on behalf of the corpora-
ation, the court imposed a fine of $50 on each of 4 counts, a total fine of $200.