2752. Misbranding of herb preparations.   U. S. v. Arthur Cox.   Plea of guilty.
Fine,  $100.    (F.   D.   G.   No.   23212.    Sample   Nos  14065-H,  22745-H,
27167-H.)
INFORMATION FILED :    August 1, 1947,  Southern District of Indiana, against
Arthur Cox, Sullivan, Ind.
ALLEGED SHIPMENT : Between the approximate dates of February 27 and April
30, 1946, from the State of Indiana into the States of Illinois and Colorado.
PRODUCT : Analyses disclosed that there were four different types of hero prep-
arations, namely, a light brown colored liquid with an odor of peppermint,
containing chiefly water and plant extractives and a small amount of emodin
bearing drugs; a black ointment containing chiefly oil of mustard in a grease-
type base; plant material consisting chiefly of stems and leaf fragments, with
an odor and appearance resembling that of hay; and a black syrupy liquid
consisting essentially of water, reducing sugar, and plant extractives, including
emodin bearing drugs.
LABEL, IN PART :    "Arthur Cox   Log Saw Herb Preparations."
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the articles failed to
bear labels containing the place of business of the manufacturer, packer, and
?jSee also No. 2766.
distributor; and, Section 502 (b)   (2), the containers of the articles bore no
labels containing a statement of the quantity of the contents.
Further misbranding, Section 502 (a), the statement "Recommended for
sinus" on the label of the light brown colored liquid was false and misleading
since the article would not be efficacious in the cure, mitigation, and treatment
of sinus diseases; Section 502 (e) (2), the ointment was not designated solely
by a name recognized in an official compendium and was fabricated from two
or more ingredients, and its label failed to bear the common or usual name of
each active ingredient; and, Section 502 (f) (1), the labeling of the ointment
bore no directions for use, and the labeling of the plant material and syrupy
liquid failed to bear adequate directions for use since the labeling failed to
reveal the conditions for which the articles were to be used.
DISPOSITION : January 24, 1949. A plea of guilty having been entered, the court
imposed a fine of $100.