377. Misbranding of El Agruinaldo Cuban Honey. U. S. v. 50 Bottles of El Agni-
naldo Cuban Honey (and 3 other seizure actions involving the same
product). Default decrees of condemnation. Portion of product ordered
destroyed; remainder ordered delivered to charitable institutions.    (F. D.
C. Nos. 2498, 2725, 3438, 3462.    Sample Nos. 8932-B, 8937-E, 27491-B, 27495-B.)
The labeling of this product bore false and misleading representations regard-
ing its efficacy in the conditions indicated hereinafter.
On August 6, September 4, November 27, and December 5, 1940, the United
States attorneys for the District of Minnesota and the Southern District of
Ohio filed libels against 50 bottles of El Aguinaldo Cuban Honey at St. Paul,
Minn.; 118 bottles of the same product at Minneapolis, Minn.; and 171 bottles
at Cincinnati, Ohio, alleging that the article had been shipped in interstate com-
merce within the period from on or about December 27, 1939, to on or about
? "Time magazine, February 10, 1941, page 44, I. c. 47 : Another time he had two beakers
of liquid before him: one containing urine, the other, sugar solution. He stuck his finger
in one of the containers, tested it and said: 'Ya, dot's sugar.' "
October 29, 1940, by Cuban Honey, Inc., from Lansing, Mich.; and charging
that it was misbranded.
Examination of the article showed that it was honey.
It was alleged to be misbranded in that the labeling which accompanied it
bore representations that carbohydrates in this form (honey) mean "pep"
and pep means "a better you"; that it contained many of the necessary mineral
salts; that it had been clinically tested, and that such tests had been carried
on in cases of bronchial asthma and bronchitis under the care of reputable
physicians; that it had been found to be a desirable food supplement to a
bland diet in cases of stomach ulcers and other digestive disorders; that the
contents of the stomach had been examined at specific intervals and X-rays
taken and that all cases showed much greater improvement when El Aguinaldo
Cuban Honey was a part of the diet than without it; that the diets used tended
to relieve discomfort, increase vitality, improve the appetite and provide a
mild laxative; that it had been used in various types of illness with very
pleasing results in many cases; that the article would be efficacious as a pallia-
tive for local irritations of nose and throat associated with coughs, colds,
asthma, and bronchitis; that for sinus and hay fever it should be diluted with
water and used as a nasal spray and should be taken internally 1 or 2 tea-
spoonfuls one-half hour before meals and before retiring; that in stomach ulcers
where a soft bland diet would be prescribed and in other digestive disorders
it should be used as a special-purpose food, which representations in the label-
ing were false and misleading since it was not efficacious for the purposes
represented and suggested by the labeling.
On September 19 and October 25, 1940, and January 25, 1941, no claimant
having appeared, judgments of condemnation were entered and the lot seized
at St. Paul was ordered destroyed and those seized at Minneapolis and Cin-
cinnati were ordered delivered to charitable institutions.