1554. Misbranding- of Dimels Capsules and Aditis Capsules. V. S. v. Jones-Hague,
Inc., and Carlos W. Jones. Pleas of not guilty. Tried to the court and
jury: verdict of guilty. Motion for new trial denied. Fine, 8100 and
costs.     (F. D. C. No. 10590.    Sample Nos. 2557-F, 3345-F, 3809-F.)
INFORMATION FILED: December 31, 1943, Western District of Pennsylvania,
against Jones-Hague, Inc., a corporation, and Carlos W. Jones, president and
treasurer, McKeesport, Pa.
ALLEGED SHIPMENT : On or about July 15, 1942, and March 11 and April 8,1943,
from the State of Pennsylvania into the State of Missouri.
LABEL, IN PART: "Dimels    *    *    *    Contains Hormone Complexes as found
in Isles Langerhans," and "Aditis   *   *    *   Contains Strychnine Sulphate. (
?oo gr.    *   *   *   Thyroid Glands U. S. P.   1 Gr.    *   *   *   Barium Iodide v-
Vva gr.   Leptandrin   ? gr.     Vehicle    q. s."
was composed in whole or in part of insulin which was not from a batch
for which a certificate or release had been issued pursuant to Section 506;
Section 502 (a), the labeling of the article was misleading since it failed to
reveal the fact that, when consumed according to the directions in the
labeling, the article would not produce the effect of the hormones found in the
Islands of Langerhans, which fact was material in view of the following
representations on the labels: "Each capsule Contains Hormone Complexes
as found in Isles Langerhans * * * Dosage-One capsule three times
daily."
Further misbranding, Section 502 (a), the statements on the labels, "To be
taken only upon advice of a physician. Its use otherwise may be dangerous.
To be used only in uncomplicated and incipient diabetes," were false and mis-
leading since they represented and suggested that the article, when taken as
directed, would be physiologically active and would be dangerous unless taken
upon the advice of a physician, and that, when taken as directed, it would be
of value in the treatment of uncomplicated and incipient diabetes. The article,
when taken as directed, was inert and physiologically inactive, and whether
taken upon the advice of a physician or otherwise, it would not be dangerous
and it would not be of value in the treatment of uncomplicated and incipient
diabetes.
Aditis Capsules, misbranding, Section 502 (j), the article contained barium
iodide and thyroid in amounts which would be dangerous to health when used
in the dosage or with the frequency or duration prescribed, recommended, or
suggested in the following directions from the labeling: "Dose-One to three
capsules daily."
DISPOSITION : On May 23 and 24, 1944, the case was tried to a jury and a ver-
dict of guilty was returned with respect to both defendants on all counts. On
May 29, 1944, a motion for a new trial was filed on behalf of the defendants,
which motion was denied on June 19,1945. On June 28,1945, the court imposed
a fine of $100 and costs.