4939.  Misbranding- of " St. Josejt'h'H Q,uiek Relief."    II. S.   *    *    *   v, Gerstie?
Medicine   Co.,   a   corporation.      Submitted,   to   information.      Fine,
f3T.50 and costs.     (F. & D. No. 7131.     I. S. No. 126-k.)
At the April, 1916, term of the District Court of the United States for the?
-Eastern District of Tennessee, the United States attorney for said district, act??
ing upon a report by the Secretary of Agriculture, filed in said court an in??
formation against the Gerstle Medicine Co., a corporation, Chattanooga, Tenn.,?
alleging shipment by said company, in violation of the Food and Drugs Act,?
as amended, on or about June 17, 1914, from the State of Tennessee into the?
State of South Carolina, of a quantity of " St. Joseph's Quick Relief " which?
was misbranded. The article was labeled in part: (On bottle) "St. Joseph's?
Quick Relief. * * *" The booklet accompanying the article contained,?
among other things, the following: " St. Joseph's Quick Relief is an effective?
and quick remedy for Colic, Cholera Morbus, Dysentery, Diarrhoea, Cramps,?
Neuralgia, Internal Pains, Headache, Toothache, Earache. Backache, and all?
sudden and violent pains requiring prompt action."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that the product consists of a hydroalcoholic solution of Peru?
balsam, camphor, and capsicum.
Alcohol (per cent by volume)?
32.1
Non-volatile matter (grams per 100 cc)?
    1.82
Capsicum: Present.
Camphor: Present.
Peru balsam (grams per 100 cc)?..?
    1.41
Misbranding of the article was alleged in the information, for the reason that?
the following statement regarding the therapeutic or curative effects thereof,?
appearing on the label aforesaid, to wit, " St. Joseph's Quick Relief * * *?
For Headache, Toothache, Neuralgia, Rheumatism, Cholera Morbus, Diarrhoea,?
Colic * * *" and included in the booklet aforesaid, to wit, " St. Joseph's?
Quick Relief is an effective and quick remedy for Colic, Cholera Morbus, Dysen??
tery, Diarrhoea .* * * Neuralgia * * * Headache, Toothache, Earache?
* * * and all sudden and violent pains requiring prompt action," 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, as a relief for headache, toothache, neuralgia, rheumatism, cholera?
morbus, diarrhea, and colic, and as a remedy for colic, cholera morbus, dysen??
tery, diarrhea, neuralgia, headache, toothache, ear ache, and all sudden and?
violent pains requiring prompt action, 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 May 23, 1916, the defendant company entered its submission to the in??
formation, and the court imposed a fine of $37.50 and costs.
E. A. PEARSON", Acting Secretary of Agriculture.
83	
BUREAU   OF CHEMISTEY.	
[Supplement 29.