16568. Misbranding of Dr. Hilton's specific No. 3.    V. S. v. 11 Dozen Pack-
ages of Dr. Hilton's Specific No. 3. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 23393. I. S. No. 02591. 
S. No. 1543.)
On February 14, 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 condem- 
nation of 11 dozen packages of Dr. Hilton's specific No. 3, remaining in the 
original unbroken packages at Portland, Me., consigned by G. W. Hilton's 
Specifics (Inc.), Lowell, Mass., alleging that the article had been shipped 
from Lowell, Mass., on or about January 24, 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- 
sisted of sugar pellets containing traces of alkaloid, arsenic, and alcohol.
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, (label and carton) "For the relief of * * * Coughs, Hoarseness, 
Grippe and Bronchitis," (circular) "Always keep a bottle of Dr. Hilton's No. 
3 handy, * * * so that * * * you may Ward off * * * and re- 
lieve that Cough, Grippe and Bronchitis * * * Influenza. How to Guard 
Against It. * * * Influenza, as it was called in the seventeenth century, 
now known as the Grip-is an inflammation of some part of the delicate 
mucous membrane which lines the respiratory tract. * * * The ears, 
eyes, throat, head, lungs, either or all-may feel and show the symptoms. 
Whether it be called * * * Catarrh, Earache, Sore Throat, Laryngitis, 
Tonsilitis, Influenza-the Grip--or any other of the many different names 
given to these and similar affections, the cause in every case is the same 
* * * (Preventatives-Keep your hands clean-scald your table ware- 
keep out of the sick room-breathe fresh air--avoid crowds.) Always carry 
a bottle of Dr. Hilton's Specific No. 3 and on the first indication of a cold take 
six of the pellets, and repeat dose ev^ry hour for 3 or 4 hours-then every 
2 hours until relieved," were false and fraudulent in that the article con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed.
On April 2, 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.