4495. Misbranding of Fisher's Gas-Gon tablets.  U. S. v. 20 Cases, etc.   (F. D. C.
No. 36801.    Sample No. 58177-L.)
LIBEL FILED :   May 21, 1954, Eastern District of Michigan.
ALLEGED SHIPMENT: On or about March 14 and April 13 and 20, 1951, from
Bryan, Ohio.
PRODUCT: 20 cases, each containing 12 cartons and each carton containing 12
100-tablet bottles and 100 free sample envelopes, of Fisher's Gas-Gon tablets
at Detroit, Mich., in possession of the Gas-Gon Products Co. (Fisher's Cut
Rate Drugs), together with a number of circulars designated "Wonderful
New Gas-Gon Tablets."
356725?55?2
RESULTS OF INVESTIGATION; The tablets contained in the envelopes were re-
ceived in bulk and were repackaged and relabeled by the consignee. The
above-mentioned circulars were printed by the consignee and were displayed
on the counter in the consignee's store. In addition, the consignee had on /
display the following: a sign painted on outside of store building reading as v
follows: "Try Fisher's Gas-Gon for Quick Relief of Gas Pains Excess Acid
and Ulcerated Stomach Satisfaction Guaranteed"; a streamer in the store
window reading as follows: "Gas-Gon for ulcerated stomach due to gas &
acid $2.89"; and a sign in the store over the prescription room reading as
follows: "Why Suffer? Fisher's Gas-Gon 'Gone is Gas and Stomach Acid'
Try This New Amazingly Fast Relief for Gas, Hyperacidity Pain due to
Ulcers, Indigestion Sour Stomach and Similar Disturbances Satisfaction
Guaranteed."
JJABEL, IN PART: (Bottle and envelope), "Fisher's Gas-Gon Tablets Bisected
Each tablet contains Dried Aluminum Hydroxide Gel Magnesium Hydrate
Oil of Peppermint For the relief of hyperacidity and accompanying stomach
discomforts."
.NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
above-mentioned circulars, signs, and window streamer were false and mis-
leading. The statements represented and suggested that the article was an
adequate and effective treatment for stomach ulcers and similar disturbances,
whereas the article was not an adequate and effective treatment for such
conditions. The article was misbranded while held for sale after shipment
in interstate commerce.
IDISPOSITION : September 16, 1954. Jacob S. Fisher, doing business as Fisher's
Cut Rate Drugs and the Gas-Gon Products Co., claimant, having consented
to the entry of a decree, judgment of condemnation was entered and the court
ordered that the product be released under bond for relabeling under the super-
vision of the Department of Health, Education, and Welfare.