16164. Misbranding of   Allenrlin.     V.   S.   v.   15   Dozen   Bottles   of  Allenrhu.
Default   order   of  destruction   entered.     (F.   &  D.   No.   23340.    S.   No.
1464.)
On January 31, 1929, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying seizure 
and condemnation of 15 dozen bottles of Allenrhu, remaining in the original 
unbroken packages at Los Angeles, Calif., consigned by the AUe-Rhume Remedy 
Co., Rochester, N. Y., alleging that the article had been shipped from Rochester, 
N. Y., in various consignments, on or about November 9 and December 31, 1927, 
and September 22, 1928, respectively, and transported from the State of New- 
York into the State of California, and charging misbranding in violation of the 
food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of sodium phosphate and sodium sulphate, small amounts of 
sodium salicylate and colchicine, free acid, glycerin, and water, flavored with 
licorice and methyl salicylate.
The article was labeled in part: (Bottle label) "For Rheumatic Aches and 
Pains When Not Due to Infection. Has Been Found Helpful in Lumbago, 
Sciatica, Neuralgia, and Neuritis;" (blown in bottle) "For Rheumatic Aches 
and Pains;" (carton, English and foreign languages) "An Advanced and Im- 
proved Preparation for the Treatment of Acute Rheumatism,. Lumbago, Rheu- 
matic Neuritis; " (circular) "When you want to get rid of Rheumatism (Not 
Caused by Infection) * * * Allenrhu will help you correct this * ?* *. 
Is your rheumatism caused by infection? * * * The man or woman who 
has acute rheumatism is the person most concerned with getting rid of it. 
How to get rid of the pain, the swelling, the inflammation, the agony, and 
how to prevent its returning after it is apparently conquered is what the 
sufferer wants to know. There are a few common sense, very simple rules 
to follow if rheumatism is to be driven out of the system. If these rules are 
followed when Allenrhu is being taken, the chances of overcoming this trouble 
in a shorter period of time is enhanced. Allenrhu is a medicine compounded 
in such a manner that experience of years shows1 that it has a helpful Influence 
over acute rheumatism * * *. Many rheumatic sufferers are sad and de- 
pressed and it is hard to blame them for it * * *. It isn't absolutely nec- 
essary to follow these rules when taking Allenrhu and very few people do 
follow them, but right living helps, as every doctor will tell you, and if you 
can shorten the duration of the attack by doing all you can to help, it is, of 
course, for your own good * * *. As a general rule Allenrhu (liquid) will 
be found sufficient for all ordinary oases of acute Rheumatism."
It was alleged in the libel that the article was misbranded in that certain 
statements borne on the label were false and fraudulent, in that the said state- 
ments imputed to the article certain curative and therapeutic effects, whereas 
the article contained no ingredient or combination of ingredients capable of 
producing the effects claimed.
On February 19, 1929, no claimant having appeared for the property, judg- 
ment was entered finding the product misbranded and ordering that it be 
destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.