5269.  Misbranding of " Payne's Sylax."    U. S.     *     *     *     v. Edward C. Sey- 
ler.     (German Medicine Co.)     Plea of guilty.    Fine, SJ525 and costs.
(F. & D. No. 7689.    I. S. No. 2335-1.)
On November 25, 1916, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Edward C. Seyler, trading as the German Medicine Co., Cincinnati, Ohio, 
alleging shipment by said defendant, in violation of the Food and Drugs Act, 
as amended, on or about September 16, 1915, from the State of Ohio into 
the State of Georgia, of a quantity of an article labeled in part, " Payne's 
Sylax," which was misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it consisted essentially of emodin, plant extractive 
matter, magnesium sulphate, sugar, alcohol, and water, with a white powder 
at the bottom of the bottle, consisting principally of calcium sulphate.
It was charged in substance in the information that the article was mis- 
branded for the reason that certain statements appearing on its label falsely 
and fraudulently represented it as a remedy for diseases of the mucous mem- 
branes, catarrhal affections, indigestion, dyspepsia, catarrh, and diseases of 
the blood, stomach, liver, and kidneys, when, in truth and in fact, it was 
not. Misbranding was alleged for the further reason that certain statements 
included in the circular or pamphlet accompanying the article falsely and 
fraudulently represented it as a remedy for rheumatism, catarrh, indigestion, 
dyspepsia, all forms of stomach, liver, kidney, and bladder troubles, and 
blood impurities, catarrh of the head, throat, stomach, liver, bowels, kidneys, 
and bladder, neuralgia, impure blood, scrofula, skin eruptions, pimples and 
chronic sores, female troubles, prolapsus uteri or falling of the womb, and 
leucorrhea, when, in truth and in fact, it was not.
On February 24, 1917, the defendant entered a plea of guilty to the infor- 
mation, and the court imposed a fine of $25 and costs.
R. A. PEARSON, Acting Secretary of Agriculture,