vaseline, including a large amount of ground flaxseed and camphoraceous oils, and a substance resembling hyoscyamus or belladonna; (f) a salve composed of vaseline; (g) a powdered soap with borax and thymol. It was held that this product was mislabeled." § 428. Cascara-Castor Oil. A liquid labeled "Cascara, Wild Lemon, Castor Oil Pills, Compound," containing calcium sulphide, capsicum, atropin, and only a trace of castor oil, is mislabeled.1 § 429. Catarrh and Hay Fever Remedy. A product labeled "Remedy for Hay Fever and Catarrh of the Nose," which contains 99.95 percent cocaine hydrochloride, is mislabeled if the words "cocaine hydrochloride" be not on the label.1 A drug product was labeled as follows: "Stuart's Catarrh Tablets. Always look for the signature F. A. Stuart; none genuine without it; price 50 cents Constitute a new and effectual cure for nasal catarrh, catarrh of the throat, catarrh of the stomach, catarrh of the liver, intestinal catarrh, catarrh of the bladder, cold in the head and hay fever No. 10 Guaranteed under the Food and Drugs Act, June 30, 1906;" and accompanied by pamphlets containing the following statements: "Composed as they are of antiseptics there is no risk of taking too many We know that the regular daily use of these tablets will cure catarrh ... Owing to the large amount of antiseptic remedies contained in them, the tablets are unpleasant and nauseating to some persons, but these antiseptics are absolutely necessary to cure the disease and drive out the catarrh poison." Samples from the above shipment were procured and analyzed by the Bureau of Chemistry, United States De 5 N. J. 797. All these decisions in this section noted are overturned by the judg ment of the Supreme Court so far as they relate to the curative pow er of the drugs or medicines. See § 406. 1 N. J. 32. partment of Agriculture, and the product was found to consist of ash (consisting of tale and calcium carbonate, and trace of iron) 31.9 percent, sucrose (cane sugar) 59.1 percent,. moisture 0.93 percent, the balance consisting of sanguinaria and a little starch. The alkaloid sanguinarin was detected. It was adjudged that the product was misbranded.2 § 430. Celery Cola. A liquid was labeled "Celery Cola." It contained caffein, cocaine and cocaine derivatives, and this fact was not stated on the label. There was a judgment of conviction for mislabeling. The court charged the jury that as Celery Cola was intended for a beverage, and not a drug, then they must determine whether it was injurious to health, and that in determining that question they had a right to consider the injury from the probable frequent and repeated use of the article as a beverage, rather than its rare and occasional use as a drug.1 § 431. Cocaine. A substance labeled "Cocaine" is mislabeled if it contain 80.34 percent acetanilid and 19.64 percent cocaine hydrochloride.1 § 432. Cocaine Hydrochloride. If cocaine hydrochloride be used in a package as medicine, that fact must be stated on the label.1 § 433. Cod Liver Oil. If the label on cod liver oil contains this false and misleading statement, "Contains Norwegian Cod Liver Oil, as represented by its active medicinal ingredients in combination with 2 N. J. 718. Under the decision N. J. 326. Celery Cola is of the Supreme Court representa- a food. United States v. Mayfield, tions concerning the curative power 177 Fed. 765. of a drug or medicine are not covered by the statute. See § 406. 1 United States v. Bradley, Fed. 1 N. J. 646. 1 N. J. 10; N. J. 646. See N. J. 735. the Hypophosphites," and that "It enriches the blood," "successfully used in the treatment of Pulmonary Consumption, preventing rapid waste and maintaining the general health of the patient."" § 434. Coke Extract. A liquid was labeled "Coke Extract, 8 oz. F. E. Coca Leaves to each Gallon of this Extract." It contained cocaine, and it was held to be mislabeled.1 § 435. Cola Queen Syrup, "Red Seal." A product was labeled "Cola Queen. Directions-Carbonate at 60 lbs. pressure, throwing one ounce to a half-pint bottle. Harmless color added." The product was found to be syrupy liquid consisting essentially of caffein 0.09 percent, cocaine and cocaine derivatives, phosphoric acid, supar, caramel, flavoring agents and water. As the product contained no substance derived from the cola nut or cola plant, as indicated on the label, it was held misbranded, and calculated to mislead the purchaser. A similar result was arrived at where the product was labeled "Cola Syrup."2 § 436. Cold and Grippe Tablets-Laxative. A drug was labeled as follows: "Cold and Grippe Tablets. Laxative. Dose: One Tablet Three Times a Day. Cure a Cold in One Day. Waldron Drug Store, Denison, Texas. The only Cold and Grippe Tablets made. These Tablets will relieve Sick Headaches Immediately. They are Laxative. After Taking a few doses, the Bowels will move mildly, leaving the whole system in perfect order. Relieve Sick Stomach and Backache. Guaranteed Purely Vegetable." Samples from this shipment were procured and analyzed by the Bureau of 1 N. J. 598. Representations concerning the curative powers of the drug is not covered by the statute. See § 406. 1 N. J. 236; N. J. 309. 2 N. J. 731. Chemistry, United States Department of Agriculture, with the following results: 0.3000 gm substance gave 0.0621 gm quinine or 20.70 percent, 0.0805 gm acetanilide or 26.83 percent; 0.2948 gm substance gave 0.059 gm quinine or 20.31 percent, 0.0797 gm acetanilide or 27.05 percent. It was held that this product was mislabeled.1 § 437. Colocynth. If the pulp and seeds of colocynth apple be used in the manufacture of colocynth, then it is a violation of the statute to label it "Colocynth," because it is below the standard required by the United States Pharmacopoeia. A product was labeled "Strictly Pure Powdered Colocynth," when as a matter of fact it consisted of colocynth and the seeds of colocynth. The defendant pleaded guilty to the charge of selling a misbranded product.2 § 438. Cough Cure "Kickapoo Cough Cure." A drug product was labeled as follows: "Kickapoo Cough Cure. Alcohol 1834%. Kickapoo Cough Cure, for coughs, colds, hoarseness, sore throat, croup, bronchitis." On analysis it was found to be a hydro-alcoholic solution of sugar, glycerine, vegetable extractions, aromatic bodies, organic salts and undetermined matter. The drug was not a cough cure. It also bore this false statement: "This preparation contains medicinal virtues of herbs in a concentrated form, combined with some of the best demulcents and expectorants in use, forming in all a pleasant and agreeable syrup, possessing properties recognized by the medical profession as necessary to the proper treatment of diseases of the lungs." It was adjudged mislabeled.1 1 N. J. 769. The representations concerning the curative properties of the drug are not covered by the statute. See § 406. 1 N. J. 390; N. J. 292; N. J. 183; N. J. 192. 2 N. J. 1012. 1 N. J. 826. See also N. J. 965; N. J. 898. The statute does not cover the representations concerning the curative powers of the drug. See § 406. § 438a. Cramp Drops. A product was labeled in the Norwegian language as follows: "Stange's Genuine Antispasmodic or Cramp Drops; for spasms, cramps, vertigo and headache. Dose: 30 to 60 drops three to four times a day on sugar or in a little water; for children 15 to 20 drops. Prepared by E. J. Abel, Successor to C. Stange, Examined Norwegian Pharmacist, Chicago." Packed with the product was a circular, also in Norwegian, which contained among other statements the following: "Stange's Genuine Antispasmodic or Cramp Drops. Recommended as a sure remedy against spasms, cramps, vertigo, pressure on the heart, pain in the chest, and headache. . . . Sample from this shipment was procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to be an alcoholic solution of ether, oil of peppermint, color and undetermined matter. A criminal information was filed in the District Court of the United States alleging that the product was misbranded because the labels purported that the article was a cure or remedy against spasms, cramps, vertigo, pressure on the heart, pain in the chest and headache, when in truth and in fact it was not a cure or remedy for said disorders, and because the product contained alcohol and ether, and no statement as to the presence of said ingredients appeared on the labels upon the product. The defendants entered a plea of guilty.1 $439. Damiana. A product was labeled as follows: "Compound Extract of Damiana." "Each fluid ounce represents Alcohol 50 percent, Coca 15 gr., Damiana 76 gr., Nux Vomica 4 gr., Phosphorus 35/1000 gr. Useful as an aphrodisiac and for the restoration of virility in debility of the reproductive organs of both sexes. Damiana is a non-irritating sexual tonic. Coca exalts the intellectual faculties." The product did not have enough 1 N. J. 903. Under the decision of the United States Supreme Court the accused had not committed any crime, so far as the representations concerned the curative powers of the drug. See § 406. |