3 0171. Misbranding- of Planten's black capsules and special capsnles.?
V. S. * * * v. 8 Dozen Boxes of * * * Planten's Black?
Capsnles and S Dozen Boxes of * * * Special Capsnles * * *.?
Consent decree declaring the black capsules to be nfisbranded?
and ordering their release under bond. Default decree of con??
demnation, forfeiture, and destruction with respect to the special?
capsnles. (F. & D. Nos. 10446, 10447. I. S. Nos. 2765-r, 2768-r. S. Nos.?
W-380, W-381.)
On May 27, 1919, the United States attorney 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 libels for the seizure and?
condemnation of 8 dozen boxes of Planten's black capsules and 8 dozen boxes of?
special capsules, remaining in the original unbroken packages at San Francisco,?
Calif., alleging that the articles had been shipped by H. Planten & Son, Brook??
lyn, N. Y., September 5, 1917, and May 14, 1918, respectively, and transported?
from the State of New York into the State of California, and charging mis??
branding in violation of the Food and Drugs Act, as amended. The articles?
were labeled in part, respectively : " Planten's C. & C. or Black Capsules * * *?
H. Planten & Son, Brooklyn, N. Y.," and " Special Capsules Copaiba And Cubeb?
(With Haarlem Oil And Salol)    *    *    * "
Misbranding of the articles was alleged in substance in the libels for the?
reason that certain statements appearing in the labeling of the respective?
articles falsely and fraudulently represented that the black capsules were effec??
tive for the treatment of diseases pertaining to the kidneys, bladder, and urinary?
organs, for gonorrhea and gleet, in restoring a healthy condition of the mucoua?
membranes of the genito-urinary tract, and for the treatment of chronic and?
acute gonorrhea, gleet, and urethritis; and that the special capsules were?
effective as a valuable remedy for difficult and obstinate cases of gonorrhea,?
gleet, urinary affections, inflammation of the bladder, and all discharges, re??
storing the healthy condition of the mucous membranes in gonorrhea and?
kindred affections, and most effective in chronic and acute gonorrhea, gleet,?
cystitis, and inflammation of the bladder, stopping the discharges in a few?
days; whereas the said articles contained no ingredients or combinations of?
ingredients capable of producing the curative and therapeutic effects claimed.
On June 10, 1919, no claimant having appeared for the special capsules, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the said product be destroyed by the United States marshal. On?
October 11, 1919, H. Planten & Son, Brooklyn, N. Y., having entered an appear??
ance as claimant for the black capsules and having consented to a decree, judg??
ment of the court was entered declaring the said product to be misbranded and
92	
BUREAU  OF  CHEMISTRY.	
[Supplement 134,
ordering that it be delivered to the claimant upon payment of the costs of the?
proceedings and the execution of a bond in the sum of $100, in conformity with?
section 10 of the act.
O. W. PUGSLEY, Acting Secretary of Agriculture.