3fi60. Misbranding. of   Sa-Yo   mint   jujubes.     W.   S.   v.   WO   Boxes     *     *     *    <Sa-Yo    Mwt-?
Jujubes.     Default -decree   of  condemnation,   forfeiture,   and   destruction.     (F.   &   D.
No. 5787.    I. S. No.  8088-h.    S. No. E-64.)
On July 1, 1914, the United States attorney for the Eastern District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United Slates for said district a libel for the seizure and?
condemnation of 100 pasteboard boxes, each containing 4-8 cartons of Sa-Yo?
mint jujubes, remaining unsold in the original unbroken packages at Phila??
delphia, Pa., alleging that the product had been shipped on or about January?
30, 1914., and transported from the State of New York into the State of Penn??
sylvania, and charging misbranding in violation of the Food and Drugs Act,?
as amended. Ea-ch of the pasteboard boxes was labeled: " Sa-Yo?Reg. U. S.?
Pat. Off.?Mint Jujubes?An Unfailing Relief for Coughs & Throat Irritations.?
Manufactured by Wallace & Co., New York City?Trade Mark. Five Cents??
4 Dozen Packages Sa-Yo Mint Jujubes. Reg. U. S. Pat. Off. Serial No.?
2486?Guaranteed under the Food and Drugs Act, June 30, 1906."
It was alleged in the libel that the drug was misbranded, in that each of the?
cartons bore a statement on the label thereof as follows, to wit, " Sa-Yo Mint?
Jujubes One Ounce," which said statement was false and misleading, in that?
each of the cartons contained less than one ounce of said drug; further, in that?
each of the pasteboard boxes and cartons bore a statement on the label thereof?
relating to the therapeutic effect of said drug which was false and fraudulent,?
to wit, " An unfailing relief for coughs and throat irritations," which said state??
ment was false and fraudulent, in that said drug was not an unfailing relief?
for coughs and throat irritations; further, in that each of the cartons bore?
another statement on the label thereof regarding the therapeutic effect of said?
drug which was false and fraudulent, to wit, " Recommended by physicians as?
a prompt and effective relief for all coughs and bronchial troubles," which?
said statement was false and fraudulent, in that said drug was not recommended?
by physicians as a prompt and effective relief for all coughs and bronchial?
troubles; further, in that each of the cartons bore a statement on the label?
thereof regarding the therapeutic effect of said drug which was false and?
fraudulent, to wit, '' Quickly removes attacks of indigestion," which said?
statement was false and fraudulent, in that said drug did not quickly remove?
attacks of indigestion; further, in that each of the cartons contained a certain?
leaflet which contained statements regarding the therapeutic effect of the drug?
which were false and fraudulent, to wit, the following statements, " Most effica??
cious in all conditions requiring relief," " As an effective remedy for coughs and?
throat irritations they are unequalled," which said statements were false and?
fraudulent, in that said drug was not most efficacious in all conditions requir??
ing relief and was not unequaled as an effective remedy for coughs and throat?
irritations; and further, in that each of the cartons contained a poster, which?
said poster bore a statement regarding the therapeutic effect of said drug which?
was false and fraudulent, to wit, " Sa-Yo Mint Jujubes cure coughs and throat?
irritations," which said statement was false and fraudulent, in that said drug?
did not cure coughs and throat irritations.
On uly 30, 1914, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be destroyed by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D.  C, March 26, 1915.
N.J.3v,51-370O.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	195