2646. Misbranding of Moyer's White Liniment and Moyer's Oil of Gladness.
U. S. v. Moyer Brothers, William V. Moyer, and J. Lewis Moyer. Pleas
of guilty. Fine of $100 on count 1 against the corporation, with imposi-
tion of sentence on the remaining 3 counts suspended; imposition of sen-
tence on all counts against the individuals suspended. Corporation and
individual defendants placed on probation for one year. (F. D. C. No.
25591. Sample Nos. 6452-K, 12361-K to 12363-K, incl.)
INFORMATION FILED :   December 20,1948, Middle District of Pennsylvania, against
Moyer Brothers, a corporation, Bloomsburg, Pa., William V. Moyer, president,
and J. Lewis Moyer, secretary-treasurer.
ALLEGED VIOLATION : On or about April 15 and May 5,1948, the defendants gave
guaranties to one of their customers, guarantying that certain drugs were not
adulterated or misbranded within the meaning of the Federal Food, Drug,
and Cosmetic Act. The guaranty of April 15 was set forth in an order re-
ceived from the customer of the defendant, which provided for the giving of
a guaranty by acceptance of the order. The guaranty of May 5 was set forth
on the invoice issued by the defendant to the customer. On or about April 16
and May 5, 1948, the defendant delivered to the customer, quantities of
Moyer's White Liniment and Moyer's Oil of Gladness which were misbranded.
In addition, on or about April 3, 1948, the defendants shipped from the State
of Pennsylvania into the State of New York a quantity of Mover's White
Liniment, which was misbranded.
PBODTJCT : Analyses showed that Mover's White Liniment consisted essentially
of camphor, soap, kerosene, ammonia, and water, and that Mover's Oil of
Gladness consisted essentially of camphor, oil cedar leaf, and linseed oil.
NATURE OF CHARGE: Moyer's White Liniment. Misbranding, Section 502 (a),
certain statements on the labels of the article were false and misleading since
they represented and suggested that the article would be efficacious in the treat-
ment of pains in the chest, side, and back, frost bites, swellings, bruises, pimples,
stiff joints, lameness, inflammation, caked udder, contracted cords, sweeny, curb
wounds, scratches, and similar conditions suggested by the abbreviation "etc." ;
and, further, that the article would be efficacious in the treatment of rheuma-
tism, neuralgia, and sprains. The article would not be efficacious for such pur-
poses. Further misbranding, Section 502 (f) (2), the article contained the
ingredients, kerosene, ammonia, and camphor; and its labeling failed to warn
that its use should be discontinued if excessive irritation developed, and that the
article should not be permitted to come in contact with the eyes or mucous
membrane, which warnings were necessary for the protection of users of
the article.
Moyer's Oil of Gladness. Misbranding, Section 502 (a), certain statements
on the label of the article were false and misleading since they represented
and suggested that the article would be efficacious in the treatment of sore
throat, coughs, colds, croup, sprains, wounds, bruises, neuralgia, earache,
frosted feet, chilblains, and whooping cough.
Both products. Further misbranding, Section 502 (e) (2), the articles
were not designated solely by names recognized in an official compendium,
they were fabricated from two or more ingredients, and their labels failed
to bear the common or usual name of each active ingredient, in that their
labels failed to bear statements of the ingredients contained in the articles.
DISPOSITION : January 17, 1949. Pleas of guilty having been entered, the court
imposed a fine of $100 on count 1 against the corporation and suspended
the imposition of sentence on the remaining 3 counts; imposition of sentence
against the individuals was suspended on all counts. Thereupon, the corpora-
tion and the individuals were placed on probation for 1 year, conditioned that
strict compliance with the Federal Food, Drug, and Cosmetic Act be observed.