9411. Adulteration and Misbranding of Big- G.     V. S.     *     *     *     v.  117 Bot¬
tles of Big- G.    Default decree of condemnation, forfeiture, and de- 
struction.     (F. & D. No. 10637.    I. S. No. 6815-r.    S. No. C-1302.)
On June 24, 1919, the United States attorney for the Northern District of 
Texas, 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 117 bottles of an article of drugs labeled in part, " Big 
Q * * * Prepared by The Evans Chemical Co., Cincinnati, Ohio," re- 
maining in the original packages at Fort Worth, Tex., consigned by the Evans
Chemical Co., Cincinnati, Ohio, alleging that the article had been shipped on 
or about November 12, 1918, and transported from the State of Ohio into the 
State of Texas, and charging adulteration and 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 an aqueous solution of 
borax and berberine.    Hydrastine was absent.
Adulteration of the article was alleged in substance in the libel for the 
reason that it was labeled on the carton, in part, " A compound of Borated 
Goldenseal," whereas it contained no borated goldenseal, and for the further 
reason that its strength and purity fell below the professed standard and 
quality under which it was sold.
Misbranding was alleged in substance in the libel for the reason that the 
statement, "A compound of Borated Goldenseal," was false and misleading 
in that said drug product contained no goldenseal. Misbranding was alleged 
in substance for the further reason that the following statements, (carton) 
» * * * j^ remedy for Catarrh, Hay Fever, and Inflammations, Irritations 
or Ulcerations of mucous membranes or linings of the Nose, Throat, Stomach, 
and Urinary Organs * * *," (bottle) "* * * Tonic, A Treatment 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 * * *," (booklet accompanying carton and bot- 
tle) "* * * Catarrh * * * Chronic, of the Head * * * Cystitis, 
Gastritis—Catarrh of the Stomach * * * hsemorrhoids—piles * * * 
Throat Troubles * * * Gonorrhoea * * * Gleet * * * Chronic 
Gonorrhoea * * * Stricture * * * Folliculitis * * * Gonorrhoea 
Prostatis * * * Spermatorrhoea * * * Bubo * * * Gonorrhoeal 
Cystitis * * * As a preventative * * * after exposure * * * Bal- 
anitis * * * Bubo—Inflammation and swelling of a Lymphatic Gland of 
the Groin * * * Chordee * * * Swelled Testicle * * * Leucorrhoea 
Whites—Catarrh of the Vagina * * * Gonorrhoea in Women," were 
false and fraudulent in that said product did not contain any ingredient or 
combination of ingredients capable of producing the effects claimed, and was 
not a cure, treatment, or remedy for any of the diseases or ailments above 
referred to.
On April 19, 1920, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.