7703. Misbranding of Planten's C & C or Black Capsules. U. S. * * * v. 
313 Cartons * * * Planten's C & C or Black Capsules * * *. 
Consent decree of condemnation and forfeiture. Product ordered 
released on bond.     (F. & D. No. 10448.    I.  S.  No.  2908-r.     S. No.  W-S85.)
On June 4, 1919, the United States atorney for the Northern 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 313 cartons of Planten's C & C or Black Capsules, at 
Sacramento, Calif., alleging that the article had been shipped on October 31, 
1918, by H. Planten & Son, Brooklyn, N. Y., and transported from the State 
of New York into the State of California, and charging misbranding in viola- 
tion of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it consisted of gelatin capsules containing a mix- 
ture of copaiba and essential oils, including cubeb, cinnamon and probably 
traces of eucalyptus and turpentine.
Misbranding of the article was alleged in substance in the libel for the rea- 
son that it was labeled in part on the cartons and in the booklets inclosed 
therein as a treatment of private diseases1 of men, useful in restoring a 
healthy condition of the mucous membranes of the genito-urinary tract and 
for the treatment of chronic and acute gonorrhoea, gleet, and urethritis, whereas 
the article contained no ingredient or combination of ingredients capable of 
producing the curative and therapeutic effects claimed for it, and the state- 
ments on the cartons and in the booklets were false and fraudulent. Mis- 
branding was alleged for the further reason that said cartons contained a 
booklet, a copy of which was attached to the libel as an exhibit by the United 
States attorney and made a part thereof, which said booklet contained state- 
ments, regarding the curative and therapeutic effects of the article and the 
ingredients and substances contained therein, which were false and fraudulent 
for the reason that said article contained no ingredient or combination of in- 
gredients capable of producing the curative and therapeutic effects claimed 
for the said article therein.
On October 11, 1919, the said H. Planten & Son, Brooklyn, N. Y., having con- 
sented to the entry of a decree, judgment of condemnation was entered, and it 
was ordered by the court that the product be redelivered to said claimant upon 
payment of the costs of the proceeding and the execution of a bond in the 
sum of $200, in conformity with section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.