1087. Misbranding of Chek-A-Cold.    U.  S. v. 138 Bottles of Chek-A-Cold.    De
fault decree of condemnation and destruction.    (F. D. C. No. 9901.    Sample
No. 23247-F.)
On or about May 13, 1943, the United States attorney for the District of New
Jersey filed a libel against 138 bottles of Chek-A-Cold at Merchantville, N. J.,
alleging that the article had been shipped on or about February 19, 1943, from
Philadelphia, Pa., by the Hance Brothers and White Co.; and charging that it
was misbranded. The article was labeled in part: "Each Fluid Ounce Contains:
Chloroform ... 4 minims Alcohol by vol ... 2 percent Alkaloids of Hyoscya-
mus .0003 gr. Contains Extract of Cod Liver Oil (Vitamins A and D), Ipecac,
Hyoscyamus, Horehound, Wild Cherry, Tar, Spikenard, Tolu, Menthol, Lobelia,
White Pine and Tartar Emetic."
Examination showed that the article contained, among other ingredients, 1.17
minims of chloroform per fluid ounce, a small proportion of alcohol, and tartar
emetic, and that Hyoscyamus alkaloids, if present at all, were in a proportion
too small to permit detection.
The article was alleged to be misbranded in that the designations "Chek-A-
Cold," on the carton, and "Chek-A-Col," on the bottle label, were false and mis-
leading since the article would not be effective in checking colds; and in that
its label failed to bear the quantity or proportion of chloroform contained in it,
since the statement on the label, "Each Fluid Ounce Contains: Chloroform . . .
4 minims," was not a correct statement of the chloroform actually contained in
the article.
On July 10, 1943, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.