10715.?Misbranding of Aspironal.     V. S. v. 47| Dozen Bottles of Aspironal.
Tried to the court and a jury. Judgment ordering condemna??
tion, forfeiture, and destruction of the product. (F. & D. Nos.?
15683, 15684.    S. No. E-3659.)
On December 2, 1921, the United States attorney for the Eastern District
of South Carolina, 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
N. J. 10701-10750]     SERVICE AND EEGULATORY ANNOUNCEMENTS.      401
seizure and condemnation of 47? dozen bottles of Aspironal, remaining in?
the original unbroken packages at Charleston, S. C, alleging that the article?
had been shipped by the Aspironal Laboratories, Atlanta, Ga., on or about?
August 13, 1920,, and transported from the State of Georgia into the State?
of South Carolina, and charging misbranding in violation of the Food and Drugs?
Act, as amended. The article was labeled in part: " * * * Colds, Coughs,?
Influenza, La Grippe * * * Headache, Toothache, Earache, Stomachache,?
Neuralgia, Sciatica,    *    *    *   Rheumatism."
Analysis of a sample of the article by the Bureau of Chemistry of this de-?
partment showed that it contained sodium salicylate, camphor, menthol, ex??
tracts of plant drugs, including cascara sagrada and belladonna, a small amount?
of sugar, alcohol, and water.
It was alleged in substance in the libel that the article was misbranded in?
regard to the curative and therapeutic effects of the said article, in that the?
above-quoted statements were misleading, false, and fraudulent, for the reason?
that the said article contained no ingredient or combination of ingredients?
capable of producing the effects claimed.
On June 17, 1922, no claimant having appeared for the property, and the
case having come on for final disposition before the court and a jury, judgment
for the Government was entered, and it was ordered by the court that the
product be condemned and forfeited and that it be destroyed by the United
States marshal.?
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