9030. Misbranding of Aspironal.   U. s.   *   *   *   v. 4$ gross Bottles   of ¦ *   *   *   Aspironal.
Heard by the court and a jury. Verdict for the Government. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 9987. I. S. No. 161G5-r. S. No. 
E-1279.)
On April 1, 1919, the United States attorney for the Eastern District of South Caro- 
lina, acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district alihel for the seizure and condemnation of 4| gross 
bottles of Aspironal, remaining in the original unbroken packages at Charleston, S.. G, 
alleging that the article had been shipped by .the Aspironal Laboratories, Atlanta, 
Ga., on or about March 6, 1919, and transported from the State of GeoTgiainto the State 
of South Carolina, and charging misbranding in violation of the Food and Drugs Act, as 
amended. The article was labeled in part: (Bottle) "Aspironal * * * Contains 
10% Alcohol * * * La Grippe, Headaches, Neuralgia and Rheumatism * * * 
Prepared Only By Aspironal Laboratories Atlanta, Georgia;" (circular) "Aspironal 
The Liquid Cold Remedy;" (wrapper) '<_*** The Liquid old Remedy;" 
(shipping boxes) "   *   *   *   The Liquid Cold Remedy."
Analysis of a sample of the article by the Bureau of Chemistry of this department 
showed that it consisted essentially Of a solution containing sodium salicylate, cas- 
cara, a small amount of mydriatic alkaloids (probably from belladonna), and a trace 
of menthol..
It was alleged in substance in the libel that the article was misbranded in that the 
statements appearing in and upon the labels, bottles, circulars, wrappers, and boxes, 
as aforesaid, regarding the article and the curative and therapeutic effect thereof, 
were false and fraudulent, and the said statements were made by the said Aspironal 
Laboratories knowingly and in wanton and reckless disregard of their truth or falsity, 
and with intent to deceive the purchasers thereof. Misbranding was alleged for the 
further reason that the packages failed to bear a true and correct statement of the 
quantity and proportion of alcohol contained therein.'
On June 22, 1920, no claimant having appeared for the property, and the case having 
come on to be heard ex parte before the court and a jury, after the submission of tes- 
timony on behalf of the Government, a verdict was returned by the jury finding the 
goods misbranded as alleged. Thereupon on motion of the United States attorney a 
default decree 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.