4473. Misbranding of " Thorn's Compound Extract of Copaiba and Sarsa??
parilla " and " Tarrant's Compound Extract of Cubebs and Co??
paiba." IT. S. v. The Tarrant Co., a corporation. Plea of guilty.?
Fine, $25.    (F. & I). No. 6547.    I. S. Nos. 7996-e, 9007-e.)
On November 3, 1915, the United States attorney for the Southern District of?
New York, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against?
The Tarrant" Co., a corporation, New York, N. Y., alleging shipment by said?
company, in violation of the Food and Drugs Act, as amended, on April 8, 1913,?
from the State of New York into the State of Ohio, of quantities of " Thorn's?
Compound Extract of Copaiba and Sarsaparilla" and " Tarrant's Compound?
Extract of Cubebs and Copaiba," which were misbranded.
The first-named article was labeled: (On red-label on jar and wrapper) "A?
Safe old time remedy for gonorrhoea Compound Extract of Copaiba & Sarsa??
parilla formula of the late J. B. Thorn Chemist London The Tarrant Co. New?
York U. S. A. Gleets. Sole owners & Makers since.June 23rd 1902. Whites &c.?
No. 1244 Guaranteed under "the Food and Drugs Act June 30, 1906." (On?
label around jar) "Rights acquired formula of the late J. B. Thorn, Chemist,?
London. Genuine Thorn's Extract manufactured by The Tarrant Co. Sole?
Owners, New York, U. S. A. June 23rd 1902." (On bottom of jar) "Formula?
of the late J. B. Thorn Chemist London. The Tarrant Co. sole owners New?
York, U. S. A." (On yellow label on wrapper) "All Genuine Thorn's Extract?
must bear the Signature of Tarrant & Co to counterfeit which is felony, Suc??
cessors to John A. Tarrant, Sole Agent. The Tarrant Co. N. Y., U. S. A. Suc??
cessors ; sole owners, makers and shippers since June 23rd, 1902. Adopted?
April 2d, 1883." The circular or pamphlet accompanying this article contained,?
among other things, the following: " Thorn's Compound Extract of Copaiba?
and Sarsaparilla. A certain, safe, and one of the most effectual remedies ever?
discovered for Gonorrhoea, Gleets, Pyelitis, Whites, Pains in the Back and?
Loins, Incipient Stricture, Affections of the Kidneys, Irritation of the Urethra,?
Irritation of the Bladder, Irritation of the Prostate Gland, Gravel, Inflamma??
tion of Vagina."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted essentially of a mixture of copaiba and?
sarsaparilla extract.
Misbranding of the article was alleged in the information for the reason that?
the following statements regarding the therapeutic or curative effects thereof,?
appearing on the circular or pamphlet aforesaid, to wit, " Thorn's Compound?
Extract of Copaiba and Sarsaparilla. A certain, safe, and one of the most?
effectual remedies ? * * * for Gonorrhoea, Gleets, Pyelitis, Whites, * ? * *,?
Incipient Stricture, Affections of the Kidneys, * * * Gravel * * *,"?
were false and fraudulent in that they were applied to the article knowingly,?
and in reckless and wanton disregard of their truth or falsity, so as to repre??
sent 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, as a certain, remedy for gonorrhea and gleet, as a remedy for?
pyelitis, whites, and incipient stricture, for affections of the kidneys, and for?
gravel, 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.
The Tarrant's Compound Extract was labeled: (On jar) "A quick relief for?
Gonorrhoea Gleets Whites &c. Excelsior Compound Extract of Cubebs & Co??
paiba.. Prepared only by The Tarrant Co. Chemists New York. No. 1244.?
Guaranteed under the Food and Drugs Act, June 30, 1906.    Genuine.   To pre-
754	
BUfiEAU  OF  CHEMISTEY.	
[Supplement 20.
vent counterfeits. The Tarrant Company Chemists New York orders punctu??
ally attended to Reg'd Oct. 11, 1875." (On wrapper) "A quick relief for?
Gonorrhoea Gleets Whites &c. Excelsior Compound Extract of Cubebs & Copaiba?
Prepared only by The Tarrant Co. Chemists New York. No. 1244 Guaranteed?
under the Food and Drugs Act, June 30, 1906. None genuine without our?
Signature, to counterfeit which is Felony The Tarrant Co. Manufacturers &?
Proprietors, Tarrant's Compound Extract Cubebs & Copaiba Adopted April?
2d, 1883." The circular or pamphlet accompanying the article contained,?
among other things, the following: " Tarrant's Compound Extract of Cubebs?
and Copaiba. A safe, certain, speedy and convenient remedy for Gonorrhoea,?
Gleet, Whites, Incipient Strictures, Inflammation of the Vagina, Irritation of?
the Urethra, Pyelitis, Irritation of the Bladder, Irritation of the Kidneys."
Analysis of a sample of this article by said Bureau of Chemistry showed that?
it consisted essentially of a mixture of copaiba and cubeb extract.
Misbranding of the article was alleged in the information for the reason?
that the following statements regarding the therapeutic or curative effects?
thereof, included in the circular or pamphlet aforesaid, to wit, " Tarrant's?
Compound Extract of Cubebs and Copaiba. A * * * certain, * * *?
remedy for Gonorrhoea, Gleet, WThites, Incipient Stricture, * * * Pyelitis?
* * *}" Were false and fraudulent in that they 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, as a certain remedy for gonorrhea and gleet, as?
a remedy for whites, incipient strictures, and pyelitis, 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.
On December 3, 1915, the defendant company entered a plea of guilty to the?
information, and the court imposed a fine of $25.
C. F. MARVIN, Acting Secretary of Agriculture.
N.J. 4451-4500,]   SERVICE  AND REGULATORY ANNOUNCEMENTS.	755