7276.   Misbranding of   Big   G.   V.   S.    *    *    *    v.   36   Dozen   Bottles   of   Big   G. 
Default   decree  of  condemnation,  forfeiture,  and  destruction.     (F.
& D. No. 10071.    I. S. No. 215'5-r.    S. No. W-302.)
On April 22, 1919, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure 
and condemnation of 36 dozen bottles of Big G, remaining unsold in the 
original unbroken packages at Los Angeles, Calif., alleging that the article 
had been shipped on October 30, 1918, by the Evans Chemical Co. Cincinnati, 
Ohio, and transported from the State of Ohio into the State of California, 
and charging misbranding in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article made in the Bureau of Chemistry of this 
department showed that it consisted essentially of an aqueous solution of borax 
and berberine.
Misbranding of the article was alleged in the libel for the reason that the 
follov^ng statements, to wit, " Big G A remedy for Catarrh, Hay ITever, and 
Inflammations, Irritations or Ulcerations of mucous membranes or Linings 
of the Nose, Throat, Stomach and Urinary Organs," " Big G A Non-poisonous 
Tonic," " A treatment for Unnatural Discharges of the Urinary Organs, Catarrh, 
Hay Fever and Inflamed, Ulcerated, Itching conditions of the skin and mucous 
membrane or linings of the.Mouth, Nose, Throat, Eye and Ear," borne on the 
labels of the bottles, were false and fraudulent in that the contents of the 
bottles contained no ingredient or combination of ingredients capable of pro- 
ducing the therapeutic effects claimed for it.
On May 26, 1919, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the. court that 
the product be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture,