7584. Adulteration and misbranding of Big G.    V. S.    *     *     *    v. 10 Bottlea
of   Big   G.      Default   decree   of   condemnation,   forfeiture,   and   de- 
struction.     (F. & D. No. 11017.    I. S. No. 12965-r.    S. No. E-1657.)
On July 23, 1919, 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 praying the seizure 
and condemnation of 10 bottles of Big G, consigned on June 11, 1919, remaining
unsold in the original unbroken packages at Boston, Mass., alleging that the 
article had been shipped by the Evans Chemical Co., Cincinnati, Ohio, and 
transported from the State of Ohio into the State of Massachusetts, and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act, as 
amended. The article was labeled in part: (Carton) "Big G A compound of 
Borated Goldenseal Derivative A remedy for Catarrh, Play Fever, and Inflam- 
mations, Irritations or Ulcerations of mucous membranes or Linings of the 
Nose, Throat, Stomach and Urinary Organs" (similar statements in Spanish) ; 
Cbottle) "Big G * * * A Treatment For Unnatural Discharges of the 
urinary organs, Catarrh, Play Fever and Inflamed, Ulcerated, Itching conditions 
of the skin and mucous membrane or linings of the Mouth, Nose, Throat, Eye 
and Ear;" (booklet) " Catarrh-Chronic, of the Head. * * * Haj; Fever 
* * * Conjunctivitis, Inflammation of the Eye * * * Cystitis * * * 
Gastritis-Catarrh of the Stomach * * * Haemorrhoids-Piles * * * 
Throat Troubles * * * Gonorrhoea * * * Gleet * * * Chronic 
Gonorrhoea, * * * Stricture * * * Folliculitis * * * Gonorrhoeal 
Prostatitis * * * Bubo * * * Gonorrhoeal Cystitis. * * * As a pre- 
ventative * * * Balanitis * * * Bubo-Inflammation and swelling of 
a Lymphatic Gland of the Groin, * * * Leucorrhoea-Whites-Catarrh of 
the Vagina    *    *    * "    (similar statements in French, Spanish, and German).
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.    No hydrastine was present.
Adulteration of the article was alleged in the libel of information in sub- 
stance for the reason that it was sold under and by a name recognized in the 
United States Pharmacopoeia, to wit, "A compound of borated goldenseal," and 
differed from the standard of strength, quality, and purity as determined by 
the tests laid down in said Pharmacopoeia, oflicial at the time, and its own 
standard of strength, quality, and purity was not plainly stated on the con- 
tainer thereof, and for the further reason that its strength fell below the pro- 
fessed standard and quality under which it was sold.
Misbranding of the article was alleged in substance for the reason that cer- 
tain statements, appearing on the carton and bottle, and in the accompanying 
booklet, regarding the curative and therapeutic effects of the article for the 
treatment, cure, or prevention of catarrh, hay fever, inflammations, irritations 
or ulcerations of mucous membranes or linings of the nose, throat, stomach, 
and urinary organs, for unnatural discharges of the urinary organs, inflamed, 
ulcerated, itching conditions of the skin and mucous membrane or linings of 
the mouth, nose, throat, eye, and ear, inflammation of the eye, cystitis, gastritis, 
catarrh of the stomach, hemorrhoids, piles, throat troubles, gonorrhoea, gleet, 
chronic gonorrhoea, stricture, folliculitis, gonorrhoeal prostatitis, bubo, gonor- 
rhoeal cystitis, balanitis, inflammation or swelling of a lymphatic gland of the 
groin, leucorrhoea, whites, catarrh of the vagina, and certain other diseases, 
were false and fraudulent in that the article did not contain any ingredient or 
combination of ingredients capable of producing the effects claimed. Misbrand- 
ing was alleged for the further reason that the statement, " Borated Golden- 
seal," borne on the carton, not sufficiently corrected by the word, " derivative," 
stamped indistinctly below it on the carton, was false and misleading.
On September 5, 1919, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.