3715. Misbranding of Diaplex.   U. S. v. 2 Cases    *    *    *.    (F. D. C. No. 31706-
Sample Nos. 13633-L, 13634-L.)
LIBEL FILED :    On or about September 21, 1951, Western District of Missouri.
ALLEGED SHIPMENT : On or about August 27, 1951, by John McVey, identified as
H. W. Pierce, from Carr, Colo.
PRODUCT : 2 cases, each containing 25 cartons, of Diaplex at Clarksdale, Mo.
Examination indicated that the product was a species of saltbush, such as
Atriplex canescens.
LABEL, IN PART: (Some cartons) "Diaplex for Diabetics * * * for further
information address ? H. W. Pierce, Wellington, Colo., U. S. A. * * *
Net Weight 12 ounces avoirdupois"; (other cartons) "Diaplex Directions
(For a delicious beverage   *   *   *."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on
some of the carton labels were false and misleading. The statements repre-
sented and suggested that the article was an adequate and effective treatment
for diabetes, and that use of the article by diabetics would render treatment
with insulin unnecessary. The article was worthless in the treatment of
diabetes.
Further misbranding, Section 502 (e)  (1), the label of the article failed to
bear the common or usual name of the drug.
DISPOSITION : On or about October 19, 1951. Default decree of condemnation
and destruction.