4756. Misbranding of "Athlophoros." TJ. S. * * * v. 4 Dozen Packages of "Athlophoros."?
Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 72C4.?
I. S. No. 3839-1.   S. No. E-569.)
On March 27, 1916; 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 a libel of information, and on May 8, 1916, a motion?
to amend the libel of information, praying the seizure and condemnation of 4 dozen?
packages of "Athlophoros," remaining unsold in the original unbroken packages at?
Boston, Mass., alleging that the article had been shipped by the Athlophoros Co.,?
New Haven, Conn., and transported from the State of Connecticut into the State?
of Massachusetts, and charging misbranding in violation of the Food and Drags Act,?
as amended.
Misbranding of the article was alleged in the libel of information and the amend??
ment thereto for the reason that the packages and labels thereof bore and contained?
statements, designs, and devices regarding the curvative and therapeutic effects?
of said drug, that is to say, "One dozen Athlophoros. Trade Mark For Rheumatism?
Neuralgia internal pains and disorders of the kidneys and liver?The Athlophoros?
Co. New Haven Conn U-S-A. One dozen Searles Athlophoros for rheumatism?
and neuralgia," "Net contents four fluid ounces Athlophoros Searles Remedy For?
rheumatism neuralgia sciatica lumbago internal pains gout sick headache and dis??
orders of the kidneys and liver. Prepared only by The Athlophoros Company New?
Haven Conn USA Price one dollar * * *," "Athlophoros * * * Remedy?
for   *   *   *   Sciatica   *   *   *   Gout   Sick   Headache   *   *   *,"   "Athlophoros
* * * Infallible Remedy * * * Sciatica * * *," " It reaches the liver?
and kidneys, cleansing them from irritating substances, and restoring the organs to?
regularity and health * * * To effect a cure Athlophoros must be taken regularly?
according to directions. The doses specified below are for adults. For children,?
reduce dose according to age. It is best to take Athlophoros in about a wineglassful?
of water * * * The unpleasant symptoms will soon pass off, leaving the patient?
free from * * * neuralgia * * * For sick headache?Athlophoros has proved?
an absolute specific. * * * Only occasionally have parties experienced but?
partial cures; and in very few instances the result did not meet the fullest expecta??
tions. We have been at great pains to trace the cause of these exceptional cases,?
and have found that the patients had either been taking other medicines which?
neutralized or detracted from ours or that their ailments were complicated with?
some other disease?or due to some habit of life requiring additional treatment. We?
have yet to learn of an instance where the failure of Athlophoros to give entire satis??
faction was not due to one of these causes," which said statements, designs, and de??
vices were false and fraudulent in that said drug was incapable of producing the?
therapeutic effects claimed therefor.
On May 10, 1916, no claimant having appeared for the property, judgment of con??
demnation and forfeiture was entered, and it was ordered by the court that the product?
should be destroyed by the United States marshal.
CARL VEOOMAN, Acting Secretary of Agriculture.
N.J. 4751-4800.]      SEBVTCE   AND  KEGTJLATOKY ANNOUNCEMENTS.	329