NOTICE OF JUDGMENT NO. 2548.
(Given pursuant to section 4 of the Pood and Drugs Act.)
17.  S.  v. Charles  H.  Dexter.    Plea of nolo  contendere.     Fine,  $25.
MISBRANDING OF HEADACHE AND ANTI-PAIN POWDERS.
On April 27, 1910, the United States Attorney for the District of 
Massachusetts, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district an 
information against Charles H. Dexter, Boston, Mass., alleging ship- 
ment by said defendant, in violation of the Food and Drugs Act, on 
October 29, 1909, from the State of Massachusetts into the State of 
New York of a quantity of headache and anti-pain powders which 
were misbranded. The product was labeled : (On package) " Dexters 
Headache and Antipain Powders. Contains no morphine-cdcaine, 
antipyrin or cathartic medicines. Directions * * * "Prepared by 
has. H. Dexter, Druggist, 166 Court, Cor. Bulfinch St., Bowdoin 
Square, Boston, Mass." (On circular) " In offering these powders 
to the general public we have implicit confidence in their efficacy 
not only to relieve all forms of headache, from whatever cause aris- 
ing, neuralgia, la grippe, colds, painful menstruation, rheumatic 
pains, &c, but to relieve every ache which human flesh is heir to. 
We positively guarantee that they do not contain any morphine or 
other narcotic and consequently will induce no habit."
Analysis of samples of the product by the Bureau of Chemistry of 
this Department showed the following results:
Chloroform— 
Weight. insoluble matter. 
Caffein. 
Acetanilide.
(a) 0.4888 gram     48.16 per cent     0.015S grain or 3.23 per cent     48.04 per cent
(b) 0.4770 gram     48.18 per cent     0.0161 gram or 3.36 per cent     47.87 per cent 
Sodium salicylate 47.09 per cent.
10453°—No. 2548—13
Misbranding of the product was alleged in the information for 
the reason that it was labeled and branded so as to mislead a pur- 
chaser, that is to say the label set forth above contained a statement 
regarding the substance, which statement would lead a purchaser 
to believe that the product would relieve all forms of headache from 
whatever cause arising—neuralgia, la grippe, colds, painful men- 
struation, rheumatic pains, etc., and relieve every ache which human 
flesh is heir to, and that said product did not contain any narcotic 
which would induce or have a tendency to form a habit, whereas, in 
truth and in fact, said product would not relieve all forms of head- 
ache from whatever cause arising—neuralgia, la grippe, colds, painful 
menstruation, rheumatic pains, etc., and would not relieve every ache 
which human flesh is heir to, and said product contained a narcotic 
which would induce and have a tendency to form a habit. Misbrand- 
ing was alleged for the further reason that the product contained 
acetanilid and the containers of the product failed to bear any state- 
ment of the quantity or proportion of said acetanilide in said product.
On May 10, 1910, the defendant entered a plea of nolo contendere 
to the information and the court imposed a fine of $25.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, August 89,1913.
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