16566. Misbranding of Salicon.    TJ. S. -v. 6 Dozen Packages, et al.,  of Salicon.
Deeree of condemnation and forfeiture.    Product released under bond.
(F. & D. No. 23356.    I. S. Nos. 02592, 02593, 02594.    S. No. 1502.)
On February 5, 1929, the United States attorney for the District of Maine, 
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 6 dozen packages, 100-tablet size, 2 gross packages, 30-tablet size, 
and 5 gross packages, 12-tablet size, of Salicon, remaining in the original un- 
broken packages at Portland, Me., consigned by the K. A. Hughes Co., from 
Boston, Mass., alleging that the article had been shipped from Boston, Mass., 
on or about February 1, 1929, and transported from the State of Massachusetts 
into the State of Maine, 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- 
tained acetylsalicylic acid (3.8 grains per tablet), phenolphthalein, and cal- 
cium and magnesium carbonates.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the said article were false and misleading: (Car- 
ton and bottle labels) " Does not affect the heart, does not upset the stomach; " 
(circular) "Salicon will not affect the heart, will not upset the stomach 
* * * It can be used freely and fearlessly. * * * Salicon does not 
affect the heart * * * Salicon also is a germicide. It passes into the cir- 
culating blood and sterilizes it sufficiently to render it an unfavorable medium 
for germs;" (coupons accompanying 100-tablet size and 30-tablet size) "Un- 
doubtedly you have friends * * * who have been in the habit of seeking 
relief from dangerous heart-depressing or stomach-deranging drugs." Misbrand- 
ing was alleged for the further reason that the following statements regarding 
the curative and therapeutic effects of the said article, (cartons of 100-tablet 
size and 12-tablet size) " For * * * Influenza, Rheumatism, Neuralgia, 
Neuritis, Sciatica, Lumbago, etc. * * * For Headache, Backache, Earache, 
Periodic and other Pains," (bottle labels, 100-tablet and 30-tablet size) " For 
Headache, Backache, Periodic and other pains. Two tablets every hour until 
relieved. Usually four tablets sufficient. For * * * Influenza, Grippe, 
Rheumatism, Neuralgia, Neuritis, Sciatica, etc. Two tablets an hour until re- 
lieved. Four tablets usually enough in light cases. From ten up to twenty- 
four tablets in twenty-four hours in severe cases," (carton, 30-tablet size) 
" For Headache, Toothache, Backache, Earache, * * * Influenza, Rheuma- 
tism, Neuralgia, Neuritis, Sciatica, Lumbago, etc.," (bottle label, 12rtablet size) 
" For Headache, * * * Periodic and other pains. Two tablets every hour 
until relieved.   Usually four tablets sufficient.   For   *   *   *   Influenza, Grippe,
Hheumatism, Neuralgia, * * * Sciatica, etc. Two tablets an hour until re- 
lieved. Usually four tablets sufficient. For ? * ? * * Influenza, Grippe, Rheu- 
matism, Neuralgia, * * *? Sciatica, etc. Two tablets an hour until re- 
lieved. Four tablets usually enough in light cases. From ten to twenty-four 
tablets in twenty-four hours in severe cases," (circular, all three sizes) " It 
will stop pain. Salicon soothes and quiets the nerves * * * It is a new 
way and an immensely better way. It does this very differently from those 
remedies that contain acetanilid or other heart-depressing drugs. * * * For 
Headache, Earache, Toothache, Backache, Periodic and other Pains. * * * 
Take two more tablets one hour later. Doses may be repeated if necessary 
but it is seldom necessary. When tired or Fatigued. Two Salicon tablets will 
make you feel better. * * . * frequently are useful when one is obliged to 
keep going for the time being. For Insomnia. * * * The quieting action 
on the nerves usually results in a night's sound sleep. For Neuralgia, Neuritis, 
Sciatica, Rheumatism, Lumbago and Gout. * * * Some people make the 
?mistake of stopping Salicon as soon as the pain disappears, not realizing that if 
its use is continued it will overcome the disease. Salicon also is a germicide. 
It passes into the circulating blood and sterilizes it sufficiently to render it an 
unfavorable medium for germs. * * * For * * * Grippe, Influenza and 
Pneumonia. * * * During the 'flu' epidemic in 1918 the Medical Officers in 
-charge of the Massachusetts State Camps found that from 20 to 24 tablets 
would overcome the Influenza in the average case. In pneumonia, of course, 
more tablets are required but the treatment of this disease should always be 
under the diredtion of a physician. Until he comes, however, two or three 
tablets an hour is the correct dose. For Tonsilitis, Laryngitis and other 
"Throat Troubles. * * * Allowing a tablet to dissolve on the tongue is fre- 
quently recommended for relieving a loose, persistent cough which sometimes 
follows a cold," (coupon, 100-tablet size and 30-tablet size) "Undoubtedly you 
have friends who suffer from headaches, rheumatism, neuralgia * * * etc. 
* * * If you will mail this coupon to us * * * we will send each of 
them * * * a liberal sample of Salicon tablets," were false and fraudulent 
in that the article contained no ingredient or combination of ingredients capable 
of producing the effects claimed.
On May 28, 1929, the K. A. Hughes Co., Boston, Mass., having appeared as 
-claimant for the property, judgment of condemnation and forfeiture was en- 
tered, 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 
.$500, conditioned in part that the claimant empty the product from the con- 
tainers into unlabeled boxes or remove entirely and destroy the bottle labels 
and destroy the labelings, circulars, brandings, cartons, and all printed matter 
.accompanying or used in connection with the product.
ARTHUR M. HYDE, Secretary of Agriculture.