Alberty Food Products Co. v. United States

Appellee filed a libel-under which it seized appellant’s drug here involved (33 bottles of Ri-Co Tablets) charging, therein that the' drug was “misbranded” in violation of 21 U.S.C.A. § 352 (f) (1) of the Federal Food, Drug, and Cosmetic Act, referred to hereafter as the Act. The specific ground of. complaint was that the “labeling” of the drug failed to bear adequate directions for use since it did not state the purpose or condition for which the drug was intended. The only directions for use on the label attached to the bottle read as follows: “Three tablets with a cupful of hot water. Take four times daily. Before meals and on going to bed.”

. At the hearing below two- newspaper advertisements from daily publications in large cities were introduced. These ads show that appellant’s drug was there represented and recommended by appellant for use in the treatment, mitigation, and cure of arthritis and rheumatism. The two advertisements read as follows:

“Rocky Mountain News Tuesday, Oct. 1, 1946

“Arthritis Rheumatism Rico Tablets Another Alberty Product

“Do you suffer from Arthritis or Rheumatism, two of the most painful ailments that afflict mankind?

“These ailments arise…