FOOD AND DRUG ADMINISTRATION
NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]
3021-3040
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district courts
by the United States attorneys, acting upon reports submitted by the Federal
Security Agency.   Published by direction of the Federal Security Administrator.
PAUL B. DUNBAB, Commissioner of Food and Drugs.
WASHINGTON, D. C, July 6,1950.
Page
Drugs and devices actionable be-
cause of failure to bear ade-
quate   directions   or   warning
statements
    24
Drugs and devices actionable be-
cause of deviation from official
or own standards
    27
CONTENTS*
Page
Drugs and devices actionable be-
cause of false and misleading
claims,-. 
 29
Drugs for human use 
 29
Drugs for veterinary use  _ 34
Index  _ 
__-_ 38
*Fpr presence of a habit-forming narcotic without warning statement, see No. 3022; omission of, or unsat-
isfactory, ingredients statements, Nos. 3021,3022, 3024,3039; failure to bear a label containing an accurate
statement of the quantity of the contents, Nos. 3021,3022,3024,3039, 3040; failure to bear a label containing
the name and place of business of the manufacturer, packer, or distributor, No. 3021; cosmetics, actionable
under the drug provisions of the Act, Nos. 3024,3034,3037. 
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FAILURE TO BEAR
ADEQUATE DIRECTIONS OR WARNING STATEMENTS;*
3021. Misbranding of Metro-Vac.   U. S. v. Charles A. C. Faiman (Physician^ Rx
Products), and Dr. F. H. Jordan. Pleas of not guilty. Tried to a' jury;
verdict of guilty as to defendant Faiman and not guilty as to defendant
Jordan. Sentence of two years in prison against defendant Faiman.
Judgment affirmed on appeal. (P. D. C. No. 25563. Sample Nos. 22351-
K, 27247-K.)
INDICTMENT RETURNED : September 23, 1948, Northern District of Texas, against
Charles A. C. Faiman, alias A. C. Faiman, alias C. A. C. Faiman, alias Dr. C.
Andrew Faiman, and alias Dr. Charles C. Faiman, trading as Physicians Rx
Products, and against Dr. F. H. Jordan, Dallas, Tex.
ALLEGED SHIPMENT : The indictment alleged in count 1 that both defendants, on
or about January 24, 1948, willfully and unlawfully caused a quantity of
Metro-Vac to be introduced and delivered for introduction into interstate com-
merce at Dallas, Tex., for delivery to Monroe, La. The indictment alleged
in count 2 that the defendant Faiman, on or about January 27, 1948, willfully
and unlawfully caused a quantity of Metro-Vac to be introduced and delivered
for introduction into interstate commerce at Dallas, Tex., for delivery to
Helena, Ark.
PRODUCT: Analysis showed that the product was a soft potassium soap con-
taining 2.5? of potassium iodide and a' crystal violet dye. It was represented
to be a uterine evacuant.
NATURE OF CHARGE: Misbranding, Section 502 (b) (i), the article bore no label
containing the name and place of business of the manufacturer, packer, or
distributor; Section 502 (b) (2), it bore no label containing an accurate state-
ment of the quantity of the contents; Section 502 (e) (2), it bore no.label
containing the common or usual name of each active ingredient; Section 502
(f) (1), it bore no labeling containing directions for use; and, Section 502 (f)
(2), it bore no labeling containing warnings against use in those pathological
conditions where its use may be dangerous to health, and against unsafe
dosage and methods and duration of administration or application.
DISPOSITION : On September 30,1948, the defendants entered pleas Of not guilty,
and the case immediately proceeded to trial before a jury. On October 1,1948,
the jury returned a verdict of guilty against defendant Faiman and a verdict
of not guilty against defendant Jordan, and oh the same day the court im-
posed a sentence of two years in prison against defendant F&imari. An appeal
was taken to the TJ. S. Court of Appeals for the Fifth Circuit on behalf of
defendant Faiman, and on March 20, 1950, a decision was handed down by
that court, affirming the judgment of the lower court