16267. Misbranding of Allenrhu.    U. S. v. 23 Bottles of Allenrhn.    Default
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deeree of condemnation, forfeiture, and destruction.     (F. & D. No
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23345.    S. No. 1453.)
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On January 28, 1929, the United States attorney for the District of Massa-
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chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis 
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trict Court of the United States for said district a libel praying seizure and
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condemnation of 23 bottles of Allenrhu, remaining in the original unbroken
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packages at Boston, Mass., consigned about December 14, 1928, alleging that the
article had been shipped by the Kells Co.. Newburgh, N. Y., and transported 
from the State of New York into the State of Massachusetts, 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 
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sodium salicylate and free acid and water, flavored with licorice and methyl
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salicylate.
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It was alleged in the libel that the article was misbranded in that the follow-
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ing statements regarding the curative and therapeutic effects of the said article,
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(bottle label) "For Rheumatic Aches and Pains When Not Due to Infection.
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Has been found Helpful in Lumbago, Sciatica, Neuralgia, and Neuritis,*' (blown
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in bottle)  "For Rheumatic Aches and Pains,"   (carton, English and foreign
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languages) " An Advanced and Improved Preparation for the Treatment of
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Acute Rheumatism.  Lumbago,  Rheumatic Neuritis,*'   (circular)   "When  you
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want to get rid of Rheumatism (not caused by infection)    *    *    *   Allenrhu
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Will help you correct this   *    *    * ?   Is your rheumatism caused by infection 
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*   *    *   The man or woman who has acute rheumatism is the person most
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concerned with getting rid of it.   How to get rid of the pain, the swelling, the
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inflammation, the agony, and how to prevent its returning after it is apparently
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conquered is what the sufferer wants to know.   There are a few common sense,
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very simple rules to follow if rheumatism is to be driven out of the system.   If
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these rules are followed when Allenrhu is being taken, the chances of overcom 
ing this trouble in a shorter period of time is enhanced.   Allenrhu is a medicine 
compounded in such a manner that experience of years shows that it has a 
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helpful influence over acute rheumatism   *    *    *.    Many rheumatic* sufferers,
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are sad and depressed and it is hard to blame them for it   *    *    *.   It isn't
absolutely necessary to follow these rules when taking Allenrhu and very few 
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people do follow them, but right living helps, as every doctor will tell you. and
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if you can shorten the duration of the attack bj doing all you can to help, it
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is, of course, for your own good   *    *   *.   As a general rule. Allenrhu (liquid)
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will be found sufficient for all ordinary cases of acute Rheumatism.'*  (mouth
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of bottle label) " For Rheumatic Aches & Pains," (poster) " Never Fails to End
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Rheumatism-Neuritis,"  (poster)  "Rheumatism-Neuritis Banished Forever."
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(poster) " Rheumatism Leaves You Forever." were false and fraudulent in that
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the article contained no ingredient or combination of ingredients capable of
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producing the effects claimed, and in that the said statements were applied to
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the article knowingly and in reckless and wanton disregard of their truth or
falsity, so as to represent falsely and fraudulently to purchasers thereof and 
create in the minds of such purchasers the impression and belief that the article 
was in whole or in part composed of or contained ingredients or medicinal 
agents effective in the diseases and conditions named therein. 
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On March 28. 1929, no claimant having appeared for the property, judgment
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of condemnation and forfeiture was entered, and it was ordered by the courf
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that the product be destroyed by the United States marshal.
ARTHUR M. HYDE. Secretary of Agriculture.
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