16391. Misbranding of Smi-Lax. U. S. v. 48 Bottles of Smi-Lax. Default 
decree of condemnation, forfeiture, and  destruction.     (P.  & D. No.
23552.    I. S. No. 05699.    S. No. 1782.)
On March 27, 1929, 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 praying seizure 
and condemnation of 48 bottles of Smi-Lax, remaining in the original unbroken 
packages at Columbia, S. C, alleging that the article had been shipped by the 
Kannapolis Drug Co., from Kannapolis, N. C, November 8, 1928, and trans- 
ported from the State of North Carolina into the State of South Carolina, 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 was an 
aqueous solution containing alcohol (17.7 per cent), ammonium salicylate, 
methenamine, potassium salts, extract of a laxative plant drug, and a trace of 
alkaloid.
It was alleged in the libel that the article was misbranded in that the label 
on the bottle bore the statement, " Flu and Grippe Remedy * * * in the 
treatment cf * * * Flu and La Grippe," and the cartons containing the 
said bottles bore the statement or label, " Flu and Grippe Remedy * * * 
f0T =?- * * Flu-Grippe," which statements regarding the curative and 
therapeutic effects of the article were false and fraudulent, since the said 
article contained no ingredient or combination of ingredients capable of produc- 
ing the effects claimed.
On April 30, 1929, no claimant having appeared for the property, judgment 
of combination 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.