16598. Misbranding of Capsulas de Henn.    U. S. v. 46 Dozen Bottles of Cap- \
snlas  de Henn.     Consent decree of condemnation and forfeiture. % 
Product  released  under bond.     (F.  &  D-.   No.  23620.    I.   S.   No.  02143.
S. No. 1803.) 
:
On April 19, 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 I 
of the United States of said district a libel praying seizure and condemnation \ 
of 46 dozen bottles of Capsulas de Henn at Ponce, P. R., alleging that the S 
article was in possession of the Porto Rican American Drug Co. (Inc.), Ponce, ij 
P. R., and was being sold and offered for sale in Porto Rico, and that it was \ 
misbranded in violation of the food and drugs act as amended. 
\
Analysis of a sample of the article by this department showed that the \ 
capsules contained quinine sulphate, acetphenetidin, sodium benzoate, calcium \ 
phosphate, and caffein. 
\
It was alleged in the libel that the article was misbranded in that it con- X 
tained acetphenetidin (phenacetin), a derivative of acetanilide, and the/pack- j 
age failed to bear a statement that acetphenetidin (phenacetin) is a derivative I 
of acetanilide. Misbranding was alleged for the further reason that the fol- \ 
lowing statements (regarding the curative and therapeutic effects of the^ 
article, (bottle and carton label in Spanish) "They Destroy Rapidly the| 
Germs of the Grippe and All Infectious Diseases. Take 2 Capsules * * *?'J 
Until Completely Alleviated. The Symptoms of the Grippe * * * Chills 
and Pains in the Body Disappear in Half an Hour After Taking the Mrst| 
Dose," were false and fraudulent in that the said article contained no in- ' 
gredient or combination of ingredients capable of producing the effects claimed
On May 1, 1929, the Porto Rican American Drug Co. (Inc.), of Ponce, P. U.- 
claimant, having admitted the allegations of the libel and having consented,:' 
to the entry of a decree, judgment of condemnation and forfeiture was ear 
tered, and it was ordered by the court that the product be released to said] 
claimant upon payment of costs and the execution of a bond in the sum o?| 
$125, conditioned in part that it be properly relabeled as required by law. 9
ABTHTJB M. HYDE, Secretary of Agriculture.