1352. Misbranding' of Doryl.    IT. S. v. 10 Ampuls of Doryl (and 3 other seizure
actions against Doryl).   Default decrees of condemnation and destruction.
(F. D. C. Nos. 11498, 11501  to 11503, incl.    Sample Nos.  51285-F, 51266-F,
51571-F, 51575-F.)
On December 27 and 28, 1943, the United States attorney for the District of
Massachusetts filed libels against 19 ampuls of Doryl at Boston, Mass., and 4
ampuls of Doryl at Woburn, Mass., alleging that the article had been shipped
by Merck & Co., Inc., from Rahway, N. J., between the approximate dates of
March 11 and May 11, 1943.   The article was labeled in part: "0.15 Gm. Ampul
*?* ?  *   Doryl (Carbamylcholine Chloride Merck) Do not use intravenously.
*??*   *    Sufiicient to make 20 cc. of a 0.75? Solution for Opthalmologic Use."
The article was alleged to be misbranded (1) in that its labeling failed to bear
adequate directions for use since the statements in the labeling, "Do not use
intravenously" and "for Ophthalmologic Use," were inadequate since they failed
to reveal that the article was intended not to be used for injection, but only in so-
lution for ophthalmologic purposes; (2) in that its labeling failed to bear ade-
quate warnings since the labeling did not clearly warn that the preparation was
not intended for injection and would be lethal if so used; (3) in that the state-
ment "Do not use intravenously," appearing in the labeling of an article pack-
aged in ampul form, was misleading since it suggested that the article was suit-
able for injection otherwise than intravenously, whereas the article, when in-
jected, would cause death; and (4) in that its container was so made, formed,
and filled as to be misleading since it was in a form in which drugs intended
for injection are sometimes packaged.
On March 12, 1945, no claimant having appeared, judgments of condemnation
were entered and the product was ordered destroyed.