2583. Misbranding of Frenco's Papain, Frenco's Pap-Tabs, New Minute Py-O-
Ten, and Frenco's Papaya Tooth Powder. U. S. v. Chester D. French
(Frenco Laboratories). Plea of nolo contendere. Fine of $105 and
sentence of 6 months in jail; jail sentence suspended for 6 months and
defendant placed on probation. (F. D. C. No. 17786. Sample Nos.
74297-F to 74299-F, incl., 29949-H to 29951-H, incl.)
INFORMATION FILED :    On or about April 29, 1946, District of Arizona, against
Chester D. French, trading as Frenco Laboratories, at Nogales, Ariz.
ALLEGED SHIPMENT :   On or about October 17, 1944, and March 23, May 19, and
August 13, 1945, from the State of Arizona into the State of California.
PRODUCT: Analyses showed that Frenco's Papain and New Minute Py-O-Ten
consisted essentially of plant material containing a milk-clotting enzyme,
probably papain; that a portion of Frenco's Pap-Tabs consisted essentially of
? compounds of calcium, magnesium, bismuth, and carbonate, together with some
acid-insoluble matter and a milk-clotting enzyme, probably papain; that the
remainder of Frenco's Pap-Tats consisted essentially of bismuth, calcium, and
magnesium carbonates or oxides, papain, starch, and a trace of cerium; and
that Frenco's Papaya Tooth Powder consisted essentially of sodium, calcium,
and magnesium carbonates and chlorides, papain, starch, and soap.
LABEL, IN PAST:   "Frenco's Papain Powdered Absolute," "Frenco's Pap-Tabs,"
"New Minute Py-O-Ten," and "Frenco's Papaya Tooth Powder."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
labels of the articles and in circulars entitled "Frenco's Papain Powdered Ab-
solute," "Frenco Laboratories of Nogales," and "Frenco Pap-Tabs" were false
and misleading since the articles would not be effective for the purposes and
would not fulfill the promises of benefits suggested and implied by the state-
ments. The false and misleading statements represented:
That Frenco's Papain when used as a vaginal douche solution material, it
would be effective in the diseases of women to correct leukorrhea, unhealthy
mucus, and pus excretions; that it would be effective in the treatment of mild
indigestion and acute indigestion; that it was one of the greatest antacids;
that when employed in a cosmetic cream, it would remove blemishes and would
digest blemishes on the skin and the accumulation of the secretion in the
pores; that its use in cooking would insure a more balanced and digestible
diet; that it would reduce acidity in the system; that it would aid in the treat-
ment locally of pyorrhea; that when dusted in cavities left by tonsillectomy
operations, it would be of use in the treatment of such cavities; that it would
be a very effective cough remedy; that it would be an adequate treatment for
infections of the ears and sinuses; that it would give appreciable relief in
chronic conditions developed following a cold; that when taken as directed,
it would supply a substantial amount of protein and consequential amounts of
vitamins B, D, and G; that it was an excellent specific for gastric distress and
dyspeptic ailments; that when added to milk for those who have digestive
difficulties, it would give excellent results; and that when employed in face
cream, it would remove blemishes.
That Freneo's Pap-Tats was "Nature's Great Digestant"; that it was a
digestive tablet and a healing compound; that it would render the toxic poisons
of the colon harmless; that it would be adequate for the treatment of digestive
disorders from all angles; that it would be a great aid in the treatment of
disturbed or subnormal digestion; that it would be highly effective for the
relief of sour stomach, gas, indigestion, hyperacidity, nausea during menses
and pregnancy, and pain around the heart caused by gas pressure; that it
would be excellent for the relief of nausea caused by over-indulgence in alco-
holic beverages and for the relief of nausea in attacks of sea, air, car, and train
sickness; that it would be effective in the treatment of feeble and disordered
digestion and of diseased conditions where the natural digestive process is
deficient; that the daily use of the article would keep the digestive tract clean
and healthy; that it would soothe and quiet the stomach and in most cases
give decided relief in 10 to 15 minutes; that it would be helpful not only in
extreme cases of distress but in all cases of distress; and that it would be
effective in the treatment of gastric eructations and flatulence due to
hyperacidity.
That New Minute Py-O-Ten would prevent insomnia and render food quickly
digestible, and that it would be beneficial during periods of gastric distress.
That Freneo's Papaya Tooth Powder would be effective in digesting any-
thing digestible, whether in acid, alkaline, or neutral solution, which may cling
to the teeth, between the teeth, in cavities, or under the gums; that it would
digest unhealthy pus secretions coming from diseased condition of gums or
process ; that it would be effective in the treatment of pyorrhea and sore gums;
and that it would have a healing effect upon the gums.
Further misbranding, Section 502 (a), the label statement "Contains
* * * Calcium, Magnesium, Kaolin, Bismuth" with respect to a portion of
the Freneo's Pap-Tabs, was false and misleading since the article contained
no kaolin and did not contain calcium, magnesium, and bismuth as such, but
instead contained compounds of such minerals.
DISPOSITION : January 7, 1949. A plea of nolo contendere having been entered,
the court imposed a fine of $105 and sentenced the defendant to serve 6 months
in prison. The prison sentence was suspended for 6 months, and the defendant
was placed on probation.