2377. Misbranding: of D-M-C Prescription No. 49, D-M-C Tonic, D-M-C Anodyne
Medicine Compound, D-M-C Levorette Tonic, and D-M-C Lievorette Tab-
lets. U. S. v. Dixie Medicine Corp. Plea of nolo contendere. Judgment
suspended, conditioned upon defendant's action in changing- the labels
of the products; case subsequently dismissed without imposition of sen-
tence. (F. D. C No. 11354. Sample Nos. 35416-F, 35417-F, 35419-F to
35421-F, incl.)
INFORMATION FILED :   March 28,1944, "Western District of North Carolina, against
the Dixie Medicine Corp., Charlotte, N. C.
ALLEGED SHIPMENT :   On or about March 5 and April 8, 1943, from the State of
North Carolina into the State of South Carolina.
PRODUCT: Analyses disclosed that the D-M-G Prescription No. 49 consisted
essentially of compounds of sodium and potassium, tartrates, sulfur, senna,
licorice, and 2.11 percent of sodium salicylate; that the D-M-C Tonic con-
sisted essentially of a small proportion of an iron compound and extracts
of plant drugs including nux vomica, water, and 3.7 percent of alcohol; that
the D-M-C Anodyne Medicine Compound consisted essentially of small pro-
portions of ammonium salt, camphor, volatile oil, and extracts of plant drugs
including ginger, alcohol 5.0 percent, and water; that the D-M-C Levorette Tonic
consisted essentially of epsom salt, extracts of plant drugs including emodin
bearing drugs, a compound of iron, alcohol 1.5 percent, and water; and
that the D-M-C Levorette Tablets contained calomel in the proportion of 0.47
grain per tablet and extracts of plant drugs including capsicum and colocynth.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
labels of the articles were false and misleading, since the articles would
not be efficacious for the purposes represented. The labels represented that
the D-M-C Prescription No. 49 would be efficacious in the cure, mitigation,
treatment, and prevention of arthritis and rheumatism and would produce
a remedial effect in rheumatism and arthritis in two weeks; that the D-M-C
Tonic would be efficacious in the cure, mitigation, treatment, and prevention
of loss of appetite, lack of vitality, and nervousness, and would be an efficacious
purifier for the blood; that the D-M-C Anodyne Medicine Compound would be
efficacious in the cure, mitigation, treatment, and prevention of dysentery,
diarrhea, summer complaint, cholera morbus, flux, and pains in the stomach
or bowels; that the D-M-C Levorette Tonic would be efficacious in the cure,
mitigation, treatment, and prevention of colds, sick headaches, and all ills
caused by an inactive liver; and that the D-M-C Levorette Tablets would be
efficacious to regulate the liver.
Further misbranding, Section 502 (a), the statements on the labels of the
D-M-C Anodyne Medicine Compound and the D-M-C Levorette Tonic which
represented that the compound contained 7 percent of alcohol and that the
tonic contained 5 percent of alcohol were false and misleading, since the
compound contained not more than 5 percent of alcohol and the tonic contained
not more than 1.5 percent of alcohol.
DISPOSITION : On April 17,1944, an answer was filed on behalf of the defendant,
denying the allegations of the information. Thereafter, a pre-trial conference
was held, a result of which the court found as facts (1) that the defendant
had changed and modified all labels on the products complained of and had
used the changed and modified labels since making such changes and (2) that
the defendant agreed to make further changes in its labels. On October 11,
1944, the court held that the new label of the D-M-C Prescription No. 49
could be continued by striking out "Due To Arthritis, Rheumatism and Mus-
cular Aches" and substituting the words "Muscular Aches and Pains"; that
the new label of the D-M-C Tonic containing the statements "Intended to
Help Increase the Appetite and as a tonic when lack of iron is indicated"
could be continued, provided that the defendant increase the proportion of
iron in the product; that the use of the D-M-C Anodyne Medicine Compound
should be discontinued and stocks of such product withdrawn from the market;
that the new label of the D-M-C Levorette Tonic, which designated such
product as "Laxative Compound," could be continued by striking out the
words "May be found helpful in relieving simple colds and headaches"; and
that the new label of the D-M-C Levorette Tablets, which designated such
product as "Laxative Tablets," could be continued upon striking out the
words "and Regulation of the Bowels." Following this decision of the court,
the defendant entered a plea of nolo contendere and the court suspended (
judgment.  On April 7,1947, the court was informed that there was no evidence    ^--
October 11, 1944, and the case was thereupon dismissed without imposition of
sentence.