16362. Misbranding of Haywood's cold and grippe tablets. XJ. S. v. 201 
Dozen Packages of Haywood's Cold & Grippe Tablets. Consent 
decree of condemnation and forfeiture. Product released nnder 
bond.    (F. & D. No. 23379.    I. S. No. 03647.    S. No. 1546.)
On February 8, 1929, the United States attorney for the Southern District 
of New York, 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 201 dozen packages of Haywood's cold and grippe tablets, 
remaining in the original unbroken packages at New York, N. Y., alleg'ng 
that the article had been shipped by W. R. Warner & Co. (Inc.), from St. 
Louis, Mo., in part on or about November 15, 1928, and in part on or about 
December 3, 1928, and transported from the State of Missouri into the State 
of New York, 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 the 
tablets contained total alkaloids (0.57 grain per tablet), including cinchona, 
gelsemium, and aconite alkaloids, camphor, capsicum, and aloe.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative and therapeutic effects of the said 
article, appearing on the carton, " For * * * La Grippe * * * Grippe 
Tablets * * * For La Grippe * * * take two tablets and repeat in two 
hours, after that one tablet every two hours," were false and fraudulent in 
that the article contained no ingredient or combination of ingredients capable 
of producing the effects claimed, and in that the said statements were applied 
to the article knowingly and in reckless and wanton disregard of their truth 
or falsity, so as to represent falsely and fraudulently to the 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 medic- 
inal agents effective in the diseases and conditions therein named.
On March 20, 1929, William R. Warner & Co. (Inc.), St. Louis, Mo., claimant, 
having admitted the  allegations  of the libel and  having consented  to  the
entry of a decree, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the said claimant 
upon payment of costs and the execution of a bond or undertaking in the sum 
of $600, conditioned in part that it be relabeled under the supervision of this 
department.
R. W. DUNLAP, Acting Secretary of Agriculture.