16382.  Misbranding of   Fluin.     U.   S.   v.   51   Packages   of   Fluin.     Default 
decree   of   condemnation,   forfeiture,   and   destruction.       (F.   &   D.   No.
23353.    I. S. No. 03638.    S. No. 1493.)
On January 29, 1929, the United States attorney for the District of Connec- 
ticut, 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 con- 
demnation of 51 packages of Fluin, remaining in the original unbroken packages 
at Stamford, Conn., alleging that the article had been shipped by the Fluin 
Co., New York, N. Y., on or about January 4, 1929, and transported from the 
State of New York into the State of Connecticut, 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 camphor amidopyrine and a compound with a hexamethyl- 
ene tetramine nucleus.
It was alleged in the libel that the following statements, borne on the labels, 
were false and misleading: (Circular) "It is absolutely harmless;" (folder 
enclosed in display carton) "It contains no harmful ingredients * * * 
having antitoxical and antibacterial functions, eliminating the poisons and 
inhibiting the growth of germs producing the disease. It possesses * * * 
a diuretic." Misbranding was alleged for the further reason that the following 
statements regarding the curative and therapeutic effects of the said article,
borne on the labels, (display carton) "An effective treatment for * * * 
Influenza, Sore Throat * * * Prevent Pneumonia * * * Fluin Tab- 
lets-prevent Pneumonia * * * Fluin," (folder enclosed in display car- 
ton) " Fluin * * * Influenza, Sore Throat * * * and the complications 
usually  arising  from  them.    If  taken  in  time,   Fluin  will  tend  to  prevent
* * * influenza developing into pneumonia * * * having antitoxical and 
antibacterial functions, eliminating the poisons and inhibiting the growth of 
the germs producing the disease. It possesses * * * a diuretic. * * * 
Influenza * * * well known to be * *' * one of the most dangerous 
of modern diseases, because of the frequency with which they develop into 
Pneumonia. * * * A great public demand has arisen for a real remedy 
for these diseases. Fluin meets these requirements. * * * Why, then, 
take a chance with * * * Influenza and their resulting complications, 
when so effective treatment is at hand? * * *' Influenza-Grippe * * * 
Sore Throat," (label) "Fluin * * * highly effective treatment for In- 
fluenza, Sore Throat   *    *    *    for    *    *    *    Influenza,"   (circular)  " Fluin is
* * * effective and scientifically proved treatment for * * * Influenza 
(Grippe). Sore Throat, and * * * is especially valuable for the prevention 
of complications arising from * * * influenza. Its function is antitoxical 
and antibacterial, eliminating the poisons and inhibiting the growth of the 
germs producing the disease. * * * Influenza-Grippe * * * Continue if 
necessary. Sore Throat," were false and fraudulent in that the article con- 
tained 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 purchasers thereof and create in the 
minds of such purchasers the impression and belief, that the said article was 
in whole or in part composed of or contained ingredients or medicinal agents 
effective in the diseases and conditions named therein.
On March 12, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.