4033. Misbranding of Kordolin tablets.   U. S. v. 1,960 Bottles, etc    (F. D. C.
No. 33242.    Sample No. 23486-L.)
LIBEL FILED :   May 7,1952, District of New Jersey.
ALLEGED SHIPMENT : On or about April 3, 7, and 8,1952, by the Kordol Corp., of
America, from New York, N. Y.
PRODUCT : 1,960 100-tablet bottles and 864 50-tablet bottles of Kordolin tablets
at Jersey City, N. J.
LABEL, IN PART: (Bottle) "Kordolin Tablets * * * Active Ingredients per
tablet * Acket Acetphenetidin 2 gr. Calcium Succinate Caffeine Vitamin
Bilm. * Acket is Kordol Corporation of America's Brand Name of Salicyla-
mide."
NATURE OF CHARGE: Misbranding, Section 502 (a), the labeling of the article,
namely, the bottle label and the retail package carton, contained prominently
displayed statements arranged to represent and suggest that the article was
an adequate and effective treatment for arthritis, rheumatism, sciatica, bur-
sitis, and neuritis, which statements were misleading since the article was not
an adequate and effective treatment for such conditions; and the statement on
the bottle labels and retail package cartons, namely, "Active Ingredi-
ents * * * Calcium Succinate Caffeine Vitamin Bi," was misleading
since calcium succinate, caffeine, and vitamin Bi were not active ingredients of
the article for the purpose for which it was offered.
Further misbranding, Section 502 (c), the information required by Section
502 (e) (2) to appear on the label, namely, the common or usual name of each
active ingredient, was not prominently placed thereon with such conspicuous-
ness (as compared with other words, statements, designs, and devices in the
labeling) and in such terms as to render it likely to be read and understood
"See also Nos. 4021, 4026, 402T, 4029-4032.
since the coined term "Acket" had been used for the ingredient salicylamide,
as explained in a footnote, and the ingredients, calcium succinate, caffeine, and
vitamin Bi, which were not active for the purposes for which the article was
offered, appeared in such fashion as not to distinguish them from the active
ingredients.
DISPOSITION: The Kordol Corp. of America appeared as claimant and filed an
answer denying the allegations of the libel. On September 8, 1952, a set of
written interrogatories was served upon the claimant by the Government.
Thereafter, a motion was filed by the Government for an order striking the
claimant's pleadings and for the entry of a default decree of condemnation
upon the ground that the claimant failed to respond to the interrogatories
within the time provided by the Federal Rules of Civil Procedure.
On April 10,1953, the court granted the Government's motion, and in accord-
ance therewith, it entered a decree providing for the condemnation and destruc-
tion of the product.