16859. Misbranding of Dr. "Williams' No. 101 tonio. TJ. S. v. 78 Bottles of Dr. Williams' No. 101 Tonic. Default decree of condemnation, forfeiture, and destruction. (P. & D. No. 23557. I. S. No. 02389. S. No, 1736.) On April 2, 1929, the United States attorney for the Southern District of Florida, 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 78 bottles of Dr. Williams' No. 101 tonic, remaining in the original unbroken packages at Tampa, Fla., alleging that the article had been shipped by the Interstate Drug Co., from Quitman, Ga., on or about January 24, 1929, and transported from the State of Georgia into the State of Florida, 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 magnesium sulphate, quinine sulphate (4.9 grains per fluid ounce), fenic chloride, and glycerin. It was alleged in the libel that the article was misbranded in that the statements on the circular, " No. 101 is * * * safe * * * No, 101 contains no *? *? * injurious drugs. You give it to children with perfect safety," were false and misleading. Misbranding was alleged for the further reason that the following statements regarding the curative and therapeutic effects of the article, (bottle) " For Malaria, Chills, Chills and Fever, * * * LaGrippe, Influenza," (carton) "For Chills and Fever, Bilious Fever, Continued Fever, Intermittent and Remittent Fever. * * * LaGrippe and* Influenza * * * Gives Appetite Restores Vitality Renews Health * * * No. 101 * * * as a specific for Chills and Fever * * * Influenza * * * In- fluenza Epidemic * * * The combination of Iron, Quinine and Magnesia is eflrective in treating this malady * * * for * * * LaGrippe * * * Malaria * * * if you * * * get it, take * * * No. 101 Tonic. This Tonic contains Quinine, Iron and Magnesia. * * * Quinine to Kill the Malarial Germ, the Iron to give strength to the patient and the Magnesia to act upon the liver * * * For Malaria, Chills & Fever * * * La Grippe," (circular) " In combating Malaria, Chills and Fever * * * and La Grippe. Qur * * * remedy * * * '101 Tonic' * * * especially for those suffering from * * * LaGrippe * * * Malaria, Chills and Fever, Dengue, Intermittent, Remittent and Bilious Fevers * * * 'No. 101' is a sure * * * preventive for * * * consequently pneumonia, * * * Don't wait too long; that tired feeling means something. That Lost Appetite Doesn't just happen. There is a cause for it. Rid yourself of the poison that is the Cause and the effect will come naturally. When sneezing begins * ?* * remember you can rely upon No. 101 to help you light off those poisons. * * * 'No. 101' * * * a wonderful body-building, strength-giving tonic. * * * For your Health's sake," were false and fraudulent in that the article contained no ingredients or combination of ingredients capable of producing the effects claimed. On October 3, 1929, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the coutt that the product be destroyed by the United States marshal. ARTHUR M. HYDE, Secretary of Agriculture.