2974. Misbranding of Philcapco Testans.   U. S. v. 1 Bottle   *    *    *.    (P. D. C.
No. 27998.    Sample No. 51850-K.)
LIBEL FILED :   September 23,1949, Northern District of Ohio.
ALLEGED SHIPMENT: On or about June 1, 1949, by Philadelphia Capsule Co.,
Inc., from Philadelphia, Pa.
PBODTXCT:   1   440-capsule bottle of Philcapco Testans at Mansfield, Ohio.
LABEL, IN PAST: (Bottle) "Philcapco Testans * * * Bach capsule ap-
proximates 2 drachms of Fresh Testicular Beef Substance.   This preparation
does not contain any known therapeutically useful constituent of the gland.
Caution:   To be used only by or on the prescription of a physician."
NATURE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the article
failed to bear adequate directions for use since its labeling failed to bear any
directions for use. (The article, although bearing the prescription legend,
was not entitled to the exemption under the regulations from the requirement
that its labeling bear adequate directions for use since adequate information
for the use of the article was not readily available to physicians, because the
article was inert and, therefore, adequate information for its use as a drug
did not exist.)
DISPOSITION: November 7, 1949. Default decree of condemnation and de-
struction.