16537. Misbranding of Palatol.    U. S. v. 12 Dozen Bottles of Palatol.     Con 
sent decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 23489.    I. S. No. 02123.    S. No. 1696.)
On or about March 8, 1929, the United States attorney for the District of 
Porto Rico, 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 12 dozen bottles of Palatol at San Juan, P. R., alleging 
that the article had been shipped by Parke, Davis & Co., New York, N. Y., 
on or about February 9, 1929, from the State of New York into Porto Rico, and 
that it was being sold and offered for sale in Porto Rico by Serra, Garabis & Co. 
(Inc.), San Juan, P. R., 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 cod-liver oil, malt, wild cherry, phosphates, cholesterol, alco- 
hol, sugar, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements on the labeling regarding the curative and therapeutic effects of
the said article were false and fraudulent, since it contained no ingredients or 
combination of ingredients capable of producing the effects claimed: (Trans- 
lated from Spanish) "Palatol is useful in the treatment of Asthma, Bronchitis,
* * * Coughs, and all Catarrhal Affections of the Respiratory OrKans. * * * 
also  *   *   *   in   *   *   *   Nervous Affections, Anemia, General Debility, Scrofula,
* * * Enlarged Glands, Loss of * * * Weight, Malaria, and Impaired 
Vitality."
On April 30, 1929, Parke, Davis & Co., New York, N. Y., claimant, having ad- 
mitted 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 in the sum of $150, conditioned in part that 
it should not be sold or otherwise disposed of until properly relabeled 'as 
required by law.
ARTHXJE M.. HYDE, Secretary of Agriculture.