3615. Misbranding of Diaplex.   U. S. v. 21 Cartons, etc.    (F. D. C. No. 31735.
Sample No. 24156-L.)
LTBEL FILED :    September 28, 1951, Eastern District of New York.
ALLEGED SHIPMENT : On or about July 10,1951, by H. W. Pierce, from Wellington,
Colo.
PRODUCT : 21 cartons of Diaplex at Brooklyn, N. Y., together with a number of
circulars entitled "The Successful Treatment of Diabetes." Analysis indicated
that the product was a species of saltbush, such as Atriplex canescens.
?See also Nos. 3601, 3602, 3605, 3607, 3611-3614.
LABEL, IN PART: "Diaplex for Diabetics Net weight 12 ounces."
JNATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
carton label and in the accompanying circular were false and misleading. The
statements represented and suggested that the article was an adequate and
effective treatment for diabetes, heart, appendix, liver and kidney conditions,
bloating of the stomach, diabetic gangrene, and gangrenous infection; and that
it was effective to induce sleep and render unnecessary the use of insulin by
diabetics. The article was not an adequate and effective treatment for such
conditions.
Further misbranding, Section 502 (e)  (1), the label of the article failed to
bear the common or usual name of the drug.
DISPOSITION :   November 14,1951.   Default decree of condemnation and destruc-
tion.