8955. Misbranding of Lezajskie Lecznicze Wino Elixir. U. S. * * * v. Walter Wojtasinski?
(WojtasinskiChemical Co.). Plea of nolo contendere. Fine, $35. (F. & D. No. 13090.?
I. S: No. 12S98-r.)
On November 8,1920, 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 an information against Walter Wojtasinski, trading?
as the Wojtasinski Chemical Co., Boston, Mass., alleging shipment by said defendant,?
in violation of the Food and Drugs Act, as amended, on or about October 2, 1919,?
from the State of Massachusetts into the State.of New Hampshire, of a quantity of?
Wino Elixir which was misbranded. The'article, was labeled in part, "Lezajskie-?
Lecznicze Wino Elixir * * * Prepared by W. Wojtasinski Chemical Co. 14?
Leverett Street, Boston, Mass."
Analysis of a sample of the article by the Bureau of Chemistry of this department?
showed that it consisted of a hydroalcoholic solution containing rhubarb and a trace?
of cascara.
It was alleged in substance in the information that the article was misbranded in?
that certain statements, designs, and devices regarding the therapeutic and curative?
effects thereof, appearing on the labels of the bottles, falsely and fraudulently repre??
sented it to be effective as a treatment, remedy, and cure for all disturbances of the?
stomach, as lack of appetite, unclean blood, irregular stools, pains and dizziness of?
the head, and as a purifier of the blood, when,.in truth and in fact, it was not. Mis??
branding was alleged for the further reason that the statement, to wit, "Approved by?
Federal Government Wash., D. C," borne on the labels attached to the bottles con??
taining the article, regarding the article, was false and misleading in that it repre??
sented that the article w* approved by the Federal Government, whereas, in truth?
and in fact, it was not.
On November 30, 1920, the defendant entered a plea of nolo contendere to tiie?
information, and the court imposed a fine of $25.
E. D. BALL, Acting Secretary of Agriculture.