1636. Misbranding of iron and yeast tablets, and Brother Tom's "Medicine. U. S.
v. 54 Dozen Envelopes, etc. (F. D. C. Nos. 25461, 25462. Sample Nos.
28400-K, 29231-K.)
LIBEL FILED :   August 27,1948, District of Colorado.
ALLEGED SHIPMENT : On or about March 20, 21, 29, and 30, May 11, and June 28,
1948, by the Brother Tom's Medicine Co., from Los Angeles, Calif.
PRODUCT : 54 dozen envelopes of iron and yeast tablets and 54 dozen 12-ounce
bottles of Brother Tom's Medicine at Denver, Colo. Each bottle of the medi-
cine had one envelope of tablets attached to it by transparent adhesive tape. In
addition to the tablets, each envelope contained a circular entitled "Marginal
Anemia   The 24 Hour Thief."
LABEL, IN PART: (Tablets) "Four Tablets Contain Iron 75 Mg. (Ferrous Sulf.
Exsic. 3.9 Gr.) Yeast 12 Or. (Primary Dried U. S. P.) Bt (Thiamin) 1.8 mg.
with excipients and fillers."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
circular were false and misleading. These statements suggested and im-
plied that the tablets would preserve a lady's beauty and prevent her face
from growing pale when her freshness was lagging and her energy was low;
that they would remedy puny, weak, red blood cells, enabling them to send full
energy into one's system; that they would build energy, would correct tired,
listless, pale conditions, and would cause the red cells to release energy to the
body; and that they would favorably affect puny, faded cells, enabling them
to release needed energy and cause one to look and feel one's best. The tab-
lets would not be effective for such purposes..
DISPOSITION: October 15, 1948. No claimant having appeared, and the court
having found that the tablets were misbranded as alleged in the libel and
that the medicine was not misbranded under Section 502 (a), judgment was
entered ordering the condemnation and destruction of the tablets. It was
ordered also that the envelopes be detached from the bottles and that the
medicine in the bottles be condemned and sold at public or private sale to the
highest bidder. On December 23, 1948, it having appeared to the court that
the medicine was misbranded because of the failure of the labeling to bear
adequate directions for use for which it was intended, an amended decree
was entered ordering that the medicine be destroyed.