3906. Misbranding of Hope mineral tablets. U. S. v. 140 Bottles * * * (and 17
other seizure actions). (F. D. C. Nos. 32479, 33013, 33016, 33028, 33159
to 33162, incl., 33164, 33166 to 33169, inch, 33173 to 33175, incl., 33177,
33183,33198. Sample Nos. 6407-L to 6410-L, incl., 7040-L, 7042-L, 7043-L,
7903-L, 7904-L, 24077-L, 25818-L, 27220-L, 27450-L, 27462-L, 29206-L
to 29209-L, incl., 29212-L, 29213-L, 29216-L, 31609-L, 35289-L.)
LIBELS FILED : Between February 1 and May 14, 1952, Western District of Wis-
consin, Western District of Pennsylvania, Northern District of California,
Eastern District of Illinois, District of Oregon, District of Massachusetts, and
District of New Jersey.
ALLEGED SHIPMENT: Between December 12, 1951, and April 19, 1952, by the
Hope Co., from St. Louis, Mo., and East St. Louis, 111.
PRODUCT : 7,294 40-tablet bottles of Hope mineral tablets at Monroe, Wis.; New
Kensington, Brownsville, Uniontown, and Ellwood City, Pa.; Richmond, Santa
Cruz, and Petaluma, Calif.; Effingham, 111.; Portland, Oreg.; Boston, Mass.;
and Vineland and Elizabeth, N. J.
RESULTS OF INVESTIGATION : Various representations concerning the conditions
for which the product was intended were published in advertisements con-
tained in local newspapers at the places where the product was located. These
advertisements were printed on instructions of, and from mats furnished by,
the Hope Co.
Each tablet contains 20 mgm. Iron; y? mgm. Vitamin Bi; 1 mgm. Vitamin Ba;
and 5mgm. Niacin. Also contains traces of other minerals (elements) extracted
from a natural clay" or "Hope Mineral Tablets Dietary Supplement Each /
tablet contains 20 mgm. of iron. Also contains traces of other minerals (ex-
tracted from a natural clay) plus y2 mgm. Vitamin Bi, 1 mgm. Vitamin B2, and
5 mgm. Niacin." (Some of the labels declared also "^ meg. Vitamin B^.")
NATURE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the arti-
cle failed to bear adequate directions for use in the treatment of arthritis,
stomach ailments, neuritis, dizzy spells, nervousness, bloating, rheumatism,
headaches, weak kidneys, lack of vitality, weak back, acids, toxins, aching
back, lumbago, sleepless nights, bad breath, bad complexion, decaying teeth,
failing eyesight, lack of energy, underweight, irritability, frequent risings at
night, lack of appetite, leg pains, digestive disturbances, vague pains, weakness,
heartburn, numbness, paleness, stomach gas, listlessness, tiredness, powers
weakened, general rundown feeling, weak sexual powers, and lack of ambi-
tion and sparkle, which were the conditions for which the article was intended.
The article was misbranded in this respect when introduced into and while
in interstate commerce.
Further misbranding, Section 502 (a), the labeling of the portion of the
article at Monroe, Wis., and Richmond, Calif., namely, clippings which were
from local newspapers and which accompanied the article, was false and
misleading. The labeling contained statements which represented and sug-
gested that the article was an adequate and effective treatment for arthritis,
stomach ailments, neuritis, rheumatism, headaches, weak kidneys, dizzy spells,
nervousness, bloating, acids, toxins, lack of vitality and energy, aching back,
lumbago, underweight, lack of ambition and sparkle, powers weakened, di-
gestive disturbances, vague pains, bad breath, weakness, heartburn, numbness,
paleness, stomach gas, tiredness, listlessness, and irritability. The article
was not an adequate and effective treatment for such conditions. The article
was misbranded in this respect while held for sale after shipment in interstate
commerce.
The portion of the article at Monroe, Wis., consisting of a lot of 140 bottles,
was alleged to be misbranded also under the provisions of the law applicable
to foods, as reported in notices of judgment on foods.
DISPOSITION : Between March 6 and September 5, 1952. Default decrees of
condemnation. The courts ordered that the Wisconsin and Pennsylvania lots
of the product be delivered to local hospitals and that the other lots of the
product be destroyed.
DRUGS ACTIONABLE BECAUSE OF DEVIATION FROM OFFICIAL OR
OWN STANDARDS*