4135. Misbranding of Private Formula tablets, Kimball tablets, and Kao-Kim
tablets. U. S. v. 4 Drums, etc   (F. D. C. No. 34120.   Sample No. 54445-L.)
LIBEL FILED : November 13, 1952, Eastern District of Wisconsin; amended libel
filed January 9,1953.
ALLEGED SHIPMENT: On or about August 28 and September 9, 1952, from Chi-
cago, 111.
PRODUCT : 4 drums of Private Formula tablets, 88 100-tablet bottles of Kimball
tablets, and 93 100-tablet bottles of Kao-Kim tablets at Milwaukee, Wis., in
the possession of the Health Products Co., together with a number of cartons
and bottle labels for the Kimball tablets and the Kao-Kim tablets, a number
of circulars entitled "A Few Points to be Remembered" and "Read What
Eminent Physicians Say," and 4 window signs containing statements relating
to the efiicacy of the tablets and a sign about 4 feet by 12 feet over the en-
trance to the consignee's premises bearing the words "Why Suffer With
Stomach Trouble?   Money Back Guarantee."
RESTTLTS OP INVESTIGATION : The drums containing the Private Formula tablets
were shipped in interstate commerce as described above, and upon their receipt
> by the Health Products Co., at Milwaukee, Wis., a number: of tablets in the
drums were removed and repacked into bottles bearing labels designating the
tablets as Kimball tablets or Kao-Kim tablets.   The above-mentioned circulars,
, bottle labels, cartons, window signs, and the store front sign were prepared
locally for the consignee.
,:-
LABEL, IN PART: (Drums) "Private Formula No. P-25,794 Date 9/9/52 Pre-
pared for Health Products Co. * * * Active Ingredients: Bismuth Subnitrate
1 gr., Sodium Bicarbonate 10 gr., Magnesium Carbonate 7 gr., Pepsin NF
1^-3000-1/10 gr., and Excipients"; and "Private Formula No. P-25,597 Date
8/27/52 Prepared for Health Products Co. * * * Active Ingredients: Bis-
muth Subnitrate 1 gr., Sodium Bicarbonate 10 gr., Magnesium Carbonate 7 gr.,
Oleoresin Ginger 1/75 gr., Malt Diastase 1 gr., Papain 1 gr., Pancreatin ? gr.,
Pepsin NF 1-3000-1/10 gr., and Excipients."
(Bottles) "Kimball's Rays of Health * * * Kimball Tablets" and "Kao-
Kim Rays of Health   Kao-Kim Tablets."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
labeling of the tablets, namely, the bottle and carton labels, the circulars, and
the window signs and store front sign accompanying the article, were false
and misleading. The statements represented and suggested that the tablets
would restore and maintain health and that they were an adequate and effective
treatment for gastritis, indigestion, bloating, nervousness, headaches, ulcers,
stomach trouble, inflamed membranes of the stomach, and loss of weight and
strength. The tablets would not restore and maintain health, and they were
not an adequate and effective treatment for the diseases and conditions stated
and implied.
Further misbranding, Section 502 (a), certain statements in the above-
mentioned circulars which suggested and implied that the tablets consisted of
"derivatives of minerals, vegetables and fruit" were misleading since none of
the ingredients of the tablets was derived from sources ordinarily regarded
as fruits and vegetables. The tablets were alleged to be misbranded in the
above respects while held for sale after shipment in interstate commerce.
DISPOSITION : July 9,1953. John J. McCloskey, Milwaukee, Wis., claimant, hav-
ing consented to the entry of a decree, judgment of condemnation was entered
and the court ordered that the store front sign be released to the claimant on
condition that the wording of the sign be changed to read "Why Suffer With
Stomach Hyperacidity? Money Back Guarantee." The court ordered also
that the tablets, together with their labeling other than the store front sign,
be destroyed.