220. Misbranding of Witsells Chocolate Quinine.    IT. S. v. 97 Bottles of Witsells
- Chocolate   Quinine.    Default  decree  of  condemnation  and  destruction.
(F. D. C. No, 1631.    Sample No. 5426-D.)
The labeling of this product bore representations regarding Its efficacy in the
treatment of malaria, chills, and grippe; whereas it contained no ingredients of
value as a treatment for grippe and did not provide a sufficient amount of
quinine in the dosage recommended to constitute an adequate treatment for
malaria or chills.
On March 14, 1940, the United States attorney for. the Northern District of
Alabama filed a libel against 97 bottles of Witsells Chocolate Quinine at
Gadsden, Ala., alleging that the article had been shipped in interstate com-
merce on or about November 13, 1937, by Witsell Bros.-Dean Lilly Co. from
Memphis, Tenn.; and charging that it was misbranded.
Analysis showed that the article consisted essentially of quinine sulfate (1.8
grains per 100 cc.) water, sugar, chocolate flavoring, and alcohol (4 percent).
It was alleged to be misbranded in that its labeling bore representations that
it was efficacious as a treatment for symptoms of malaria, chills, and grippe
and that the dose was 1 to 2 teaspoonfuls followed by water, which were false
and misleading since it was not efficacious for the purposes recommended.
On July 9, 1940, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.