27719. Misbranding of laxative aspirin.     U. S. v. 60 Dozen Packages of Mlmeln
Laxative-Aspirin.     Default   decree   of  condemnation   and  destruction.
(F. & D. No. 39684.    Sample No. 37098-C.)
This product was misbranded because of false and fraudulent representations 
in the labeling regarding its curative and therapeutic effects, because of failure 
of the label to bear a plain and conspicuous statement of the quantity or propor- 
tion of acetanilide contained in the article, and because its name conveyed the 
misleading impression that it contained a substantial amount of aspirin.
On June 11, 1937, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district
court a libel praying seizure and condemnation of 60 dozen packaged df Mimein 
Laxative-Aspirin at Columbus, Ohio, alleging that the article had been shipped 
in interstate commerce on or about November 18, 1935, by Miller Medicals, Inc., 
from Indianapolis, Ind., charging misbranding in violation of the Food and 
Drugs Act as amended.
Analysis showed that the article consisted essentially of acetanilide (1 grain 
per tablet), aspirin (Ho grain per tablet), and plant drugs including caffeine, 
cascara sagrada, and aloin.
The article was alleged to be misbranded in that the designation "Laxative- 
Aspirin" was false and misleading when applied to an article that contained an 
insignificant amount of aspirin. It was alleged to be misbranded further in 
that the package failed -to bear a statement of the quantity or proportion of 
acetanilide that it contained, since no declaration appeared on the carton and 
the declaration of acetanilide appearing on the box was inconspicuous. It was 
alleged to be misbranded further in that the following statements regarding 
its curative or therapeutic effects were false and fraudulent: (Box label) "For
* * * Flu; Adults, 2 tablets every two hours until 3 or 4 doses have been 
taken, then 1 or 2 tablets every 4 or 5 hours until relieved. * * * For children 
32 years old 1 tablet (or less). For children under 12 years break tablet and 
give in proportion to age and size.' For headache: Take 2 tablets, repeat in 
thirty minutes if not relieved.    *    *   *   For Flu   *    *   *   safe for children";
(circular) "Although designed as an unexcelled relief and prevention of 'Flu' 
and Colds with aching and pains, Mimein Laxative-Aspirin has been found most 
beneficial throughout the year. Whenever the system seems sluggish, the mind 
dull and energy depleted, take Mimein Laxative-Aspirin. Like magic these tab- 
lets stimulate the excretion of the body waste and poisons, clear the brain and 
reduce nerve tension, thereby restoring health and reviving ambition. * * * 
only time tested ingredients so compounded and balanced to effectively reduce 
fever, banish chills, the throbbing headache and general body aches and pains 
incident to 'Flu' and deep seated colds. * * * is especially safe for children. 
For Colds, Adults, for quick relief. 2 tablets every 2 hours until 3 or 4 doses 
have been taken, unless the bowels move freely; then reduce the dose to 2 tablets 
every 4 or 5 hours until relieved. * * * For children of 12, 1 tablet (or less) 
is the usual dose. For children under twelve, tablets should be broken and given 
according to age. For Headaches: Take 2 tablets. Repeat in thirty minutes if 
not relieved. For 'That Tired Feeling' or general indisposition to effort, or slug- 
gishness at any time during the year whether or not accompanied by aches or 
pains, take 1 tablet after meals and 1 tablet before retiring."
On August 25, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.