9040. Misbranding of Hall's Texas Wonder. TT. S. * * * v. 54 Dozen Bottles * * * and 30 Dozen Bottles * * * of Drug Products. Decrees of condemnation and forfei- ture. Product released on bond. (F. & D. No.?. 8058, 8059. I. S. Nos. 12425-m, 12426-m. S. Nos. C-644, C-645.) On or about February 13, 1917, the United States attorney for the Southern District of Texas, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district libels for the seizure and condemnation of 54 dozen bottles and 30 dozen bottles of drug products at Houston, Tex., alleging that the article had been shipped on January 9, 1917, and September 8, 1916, respectively, by E. W. Hall, St. Louis, Mo., and transported from the State of Missouri into the State of Texas, and charging misbranding in violation 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 essentially of copaiba, rhubarb, colchicum, guaiac, turpen- tine, alcohol, and water. It wasalleged in substance in the libels that the article was misbranded for the reason that the cartons containing the bottles bore the following label, "Dr. E. WT. Hall, Sole Manufacturer, St. Louis, Mo.," and that the bottle labels contained the following, ' 'Dr. E. W. Hall, Sole Manufacturer, Office 2926 Olive Street, St. Louis, Mo.," w;which said labeling or printing was false and misleading in that it represented that the said E. W. Hall, who was the manufacturer of the said drug products or medi- cine, was a physician, while, in truth and in fact, he was not. It was alleged in sub- stance that the article was misbranded for the further reason that the carton inclosing the bottles bore the following label, "A Texas Wonder Hall's Great Discovery Con- tains 43% Alcohol Before Diluted. 5% After Diluted The Texas Wonder, Hall's Great Discovery, for Kidney and Bladder Troubles, Diabetes, Weak and Lame Backs, Rheumatism, Dissolves Gravel. Regulates Blacker Trouble in Children. One small bottle is 2 month's treatment and seldom fails to cure any case above mentioned. Price, One Dollar Per Bottle," which said label, regarding the curative and thera- peutic effects of the article, was false and fraudulent, in that said article contained no ingredient or combination of ingredients capable of producing the curative or thera- peutic effects claimed for it as set forth by the printed matter on said carton. On October 21, 1918, the said E. W. Hall, claimant, having petitioned the court to have the product delivered to him, it was ordered by the court that the product be delivered to said claimant upon payment of the costs of the proceedings'and the exe- cution of a bond in the aggregate sum of $588, in conformity with section 10 of the act, and that the goods be held by said claimant, subject to the orders of the court, pending determination of case D. L. 241,' 'United States of America, Libellant, v. 141 Bottles, more or less, of Drug Products." On February 5,1921, the matter having come on for final disposition, and it appear- ing to the court that on July 21, 1919, judgment was entered in said cause D. L. 241, condemning and forfeiting said drug products as being misbranded, and that said cause had been appealed to the United States Circuit Court of Appeals for the Fifth Circuit, and that the judgment of the District Court had been affirmed by the said Court of Appeals, j udgmeht of condemnation and forfeiture was entered in the present cases, and it appearing to the court that the said claimant had theretofore filed bond in conformity with section 10 of the act, and that the goods had been delivered to him, it was ordered by the court that the cause be closed. E. D. BALL, Acting Secretary of Agriculture.