4439. Misbranding of " Celery-Ves.ce.>' II. S. ; v. James Vannatta, et al.?
(Century Chemical Co.). Plea of guilty l>y defendant Tannatta to?
count 1 of indictment. Fine; JJ550 and costs. Gouat 3 of indictment?
nolle pressed.    (F, & D. No. 6S&4.    I. S. No. 7&0&-e.)
At the November term, 1915, of the District Court of the United States far?
the District of Indiana, the grand jurors of the United States in and for said?
district, acting upon a report by the Secretary of Agriculture, upon presentment?
by the United States attorney for said district, returned an indictment against?
James Vannatta and C. Cromer Burget, trading as Century Chemical Co., In??
dianapolis, Ind., charging shipment by said defendants, in violation of the?
Food and Drugs Act, as amended, on December 3, 1912, from the State of Indi??
ana into the State of Ohio, of a quantity of: " Celery-Vesce," which was mis-?
branded. The article was labeled: u Celery Trade Mark Vesce Aeetphenetidin?
less than four per cent Compound Vanilla Flavoring (Granular Effervescent)?
Keep Dry, Cool and Well Corked Pleasant As Cream Soda A speedy remedy?
for Headaehe, Neuralgia, Sleeplessness, Depression, induced by excessive in??
dulgence in liquor, Sour Stomach, Indigestion, Nausea, Painful Menstruation,?
and other Nervous Disorders. Celery-Vesce contains no .morphine, opium,, anti-?
pyrine, bromo or aeetanilid. It is exhilarating instead of stupefying. Direc??
tions :?Dash with force a third of a glass of water on a heaping teaspoonf ul.?
Drink while foaming; Repeat in twenty minutes if necessary. Price $1.00?
2-12 Guaranteed under the Pure Food and Drugs Act, June 30, 1906 Serial?
No. 862. Prepared only by Century Chemical Co. Mfg. Chemists Indianapolis,?
Ind." (Blown in bottle) **Celery-Vesce Chemical Co.* Indianapolis, Ind.?
U. S. A." (On carton) '* Celery-Vesce Aeetphenetidin less than 4 per' cent?
Compound Vanilla Flavoring. Guaranteed by Century Chemical Co. under the?
Pure Food and Drugs Act, June 30, 1906. Serial No. 862. Contains No Opiates?
Is Exhilarating Instead of Stupefying Priee $1.00 Prepared Only By Century?
Chemical Company Manufacturing Chemists Indianapolis Indiana Celery-?
Vesce Celery-Vesce ?For?Headache Neuralgia Nervousness Sour Stomach?
Indigestion Sleeplessness and Painful Menstruation Pleasant as Cream Soda."?
The circular or pamphlet accompanying the article contained, among other?
things, the following-; ?"?la all cases where the brain and nervous system are?
in an abnormal condition, one or two full doses of Celery-Vesce will restore?
healthy action to the brain and nerves." "As a remedy for the chronic use of?
morphia or liquor, Celery-Vesce is without a rival, its bracing effect lessening?
the desire for opium or spirits, and thus furnishing valuable assistance to those?
who are endeavoring to break away from the morphine habit or the chronic?
use of alcoholic beverages." " You have no idea of the wonderful virtues of a?
celery compound until you try Celery-Vesce, the king of remedies and a giant?
of healing power. You cannot afford to be without it if you are subject to?
Headache, Neuralgia, Nervousness, Bad Stomach, Insomnia, or Painful Menstru??
ation.   In these ailments it acts as if by magic."
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed the following results:
Aeetphenetidin (per cent) ??___?
3.20
Caffeine (per cent)?
1.04' '
Sodium phosphate (per cent)?
0. 27
Celery (by odor) : Insignificant.?
Vanillin and coumarin: Indicated.?
Misbranding of the article was charged in the first count of the indictment?
for the reason that the following statements regarding the therapeutic or cura??
tive effects thereof, appearing in the circular or pamphlet aforesaid, to wit,
698	
BUREAU   OF   CHEMISTRY.	
[Supplement 19.
*' In all cases where the brain and nervous system are in an abnormal condi??
tion, one or two full doses of Celery-Vesce will restore healthy action to the?
brain and nerves," "As a remedy for the chronic use of morphia or liquor, Celery-?
Vesce is without a rival, its bracing effect lessening the desire for opium or?
spirits, and thus furnishing valuable assistance to those who are endeavoring to?
break away from the morphine habit or the chronic use of alcoholic beverages,"?
" You have no idea of the wonderful virtues of a celery compound until you try?
Celery-Yesce, the king of remedies and a giant of healing power. You cannot?
afford to be without it if you are subject to Headache, Neuralgia, Nervousness,?
Bad Stomach, Insomnia, or Painful Menstruation. In these ailments it acts as?
if by magic," were false and fraudulent in that the same were applied to the?
article knowingly, and in reckless and wanton disregard of their truth or falsity,?
so as to represent falsely and fraudulently to the purchasers thereof, and create?
in the minds of purchasers thereof the impression and belief, that it was, in?
whole or in part, composed of, or contained, ingredients or medicinal agents?
effective, among other things, for the cure of headache, neuralgia, insomnia,?
and painful menstruation, and for restoring healthy action to the brain and?
nerves, and effective as a remedy for the chronic use of morphia and alcoholic?
beverages, when, in truth and in fact, it was not, in whole or in part, composed?
of, and did not contain, such ingredients or medicinal agents. Misbranding was?
charged in the second count of the indictment for the reason that the following?
statement, appearing in prominent type on the labels as the trade name of said?
article, to wit, "Celery- * * * Vesce," was false and misleading in that it?
indicated to purchasers that the article was composed of, and contained, celery?
as its principal and most active medicinal ingredient, when, in truth and in fact,?
it was not composed of, and did not contain, celery as its principal and most?
active medicinal ingredient, but did contain as its principal and most active?
medicinal ingredient, to wit, 3.20 per cent acetphenetidin.
On November 29, 1915, the defendant Vannatta entered a plea of guilty to the?
first count of the indictment and not guilty as to the second count, and the court?
imposed a fine of $50 and costs. The second count of the indictment was nolle?
prossed.   The defendant Bur get died prior to the date of the close of the case.
CAKL VBOOMAW, Acting Secretary of Agriculture.
N.J. 4401-4450.] SERVICE   AND  REGULATORY.-ANNOUNCEMENTS.	6&9