2635. Misbranding of Dr. E. L. Welbourn's Elixir.   U. S. v. 77 Cartons   *   *   *.
(F. D.C. No. 24930.   Sample No. 19440-K.)
LIBEL FILED :   July 6,1948, Southern District of Ohio.
ALLEGED SHIPMENT: On or about August 29, 1947, and February 10, 1948, by
Dr. E. L. Welbourn Medicine Co., from Union City, Ind.
PRODUCT : 39 6-ounce cartons and 38 smaller cartons, some containing a circular
entitled "Dr. E. L. Welbourn's Elixir" and each containing 1 bottle of Dr. E. L.
Welbourn's Elixir, at Dayton, Ohio. Examination showed that the product
consisted essentially of water, alcohol, potassium bicarbonate, extracts of plant
drugs including a laxative plant drug, sugar, and flavoring materials.
?See also Nos. 2601, 2602, 2604-2606, 2620-2633, 2646.
NATURE OF CHARGE: Misbranding, Section 502 (a), the following statements in
the circular were false and misleading since they represented and suggested
that the article was effective in the treatment of the diseases, symptoms, and
conditions stated and implied, whereas the article was not effective for such
purposes: "Quickly relieves the disturbing distress of Belly-Ache caused by up-
set stomach-colic-overindulgence-nervous indigestion * * * This medi-
cine gives prompt and speedy relief for 'Belly-Ache' caused by over-eating-
nervous indigestion-gas on the stomach-upset stomach-colic. Dr. E. L. Wel-
bourn's Elixir gives speedy relief and checks minor stomach and bowel com-
plaints, such as vomiting and diarrhoea and is especially useful in relieving
the distress caused by eating foods and liquids that upset the digestion. Very
effective in relieving distress of summer complaint and intestinal flu. Also-
it speedily relieves colic and upset stomachs of children. Children of all ages
frequently suffer from upset stomachs. Give them this Elixir and relieve this
distress. It is also an invaluable aid in relieving the distress in children
caused by summer complaint and teething. This Elixir also aids in improving
the digestion * * *. It is also used as a tonic and as an aid in improving
the digestive processes of elderly people-also acts quickly to relieve various
digestive upsets peculiar to elderly people. * * * fast acting 'Belly-Ache'
reliever * * * for that sudden upset stomach or 'Belly-Ache' * * *
Children cry for more * * * For simple diarrhoea, Looseness of the bowels-
Pain or Griping * * * For indigestion * * * will start digestion
* * * For colic * * * For upset stomach caused by teething * * *
rub the Elixir on the gums to ease the discomfort."
DISPOSITION:    September 10, 1948.   Default decree of condemnation and de-
struction.
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