1807. Misbranding of Testox Tablets.    U. S. v. 129 Bottles and 142 Bottles of
Testox   Tablets.     Default   decree   of   condemnation   and   destruction.
(F. D. C. No. 16650.   Sample No. 456-H.)
LIBEL FILED:   June 28, 1945, Northern District of Georgia.
ALLEGED SHIPMENT: On or about April 2, 1945, by the Veltex Co., from
Birmingham, Ala.
PRODUCT : 129 20-tablet bottles and 142 100-tablet bottles of Testox Tablets
at Atlanta, Ga. Examination of samples showed that the product had the
composition declared upon its label.
LABEL, IN PART:    "Textox   20 [or "100"]  Tablets   Distributed by Copy Boy
- Sales Co., * * * Atlanta 3, Ga. Each Tablet Contains: Vitamin
Bx . . . 666 U. S. P. Units Yohimbin Hydrochloride . . . 0.0005 Gram Orchic
Substance . . . 0.05 Gram Calcium Glycerophosphate . . . 0.15 Gram Sodium
Glycerophosphate . . . 0.15 Gram Extract Nux Vomica . . . 0.03 Gram."
NATURE OF CHARGE : .Misbranding, Section 502 (a), the following label statements,
created the false and misleading impression that the product would be effective
as a sex restorer, whereas it would not be effective in producing such a result:
"Textox * * * Directions-Take.2 to 3 Tablets depending upon age and
severity of case * * * When desired effect is reached discontinue use";
and the label statement, "Each Tablet Contains * * * Orchic Sub-
stance . . . 0.05 Gram," was misleading since it failed to reveal the material
fact that orchic substance possesses no therapeutic activity when taken by
mouth.
Further misbranding, Section 502 (e) (2), the product was a drug fabricated
from two or more ingredients, and its label failed to state the quantity of
strychnine it contained; Section 502 (f) (2), the label of the product failed to
warn that, in view of the presence of yohimbine hydrochloride in the product,
it should not be taken by persons suffering from heart disease, high blood pres-
sure, or kidney disease; and the label also failed to warn that an article con-
taining nux vomica might be dangerous, especially when used by elderly persons,
and that the use of" a product containing yohimbine hydrochloride should be
discontinued if stomach disturbance, nausea, vomiting, vertigo, or fainting
occur.
DISPOSITION : August 1, 1945. No claimant having appeared, judgment of con-
demnation was entered and the product was ordered destroyed.