17473. Misbranding of Larkin cold and grippe tablets. U. S. v. 1 Box and 
5 Boxes of Lai-kin Cold & Grippe Tablets. Consent decree of con- 
demnation  and   forfeiture.     Product   released  under  bond.     (F.   &
D. No. 23688.    I. S. No. 08410.    S. No. 18T2.)
Examination of samples of a drug product known as Larkin cold and grippe 
tablets having shown that the product contained drugs that might be danger- 
ous, that the quinine contained therein would have the customary effects of 
quinine, and that the labels bore curative and therapeutic claims not justified 
by its composition, the Secretary of Agriculture reported the facts to the United 
States attorney for the Southern District of Illinois.
On May 8, 1929, the United States attorney filed in the District Court of 
the United States for said district a libel praying seizure and condemnation 
of 1 box containing 140 packages, and 5 boxes each containing 148 packages 
of Larkin cold and grippe tablets, remaining in the original packages at Peoria, 
111., alleging that the article had been shipped by the Larkin Co. (Inc.), from 
Buffalo. N. Y., in various consignments, on or about December 14, 1928, Jan- 
uary 12, 1929, and February 15, 1929. respectively, and had been transported 
from the State of New York into the State of Illinois, and charging misbrand- 
ing in violation of the food and drugs act as amended.
-Analysis of a sample of the article by this department showed that the 
tablets contained acetanilide, quinine hydrobromide, monobromated camphor, 
caffeine, and extracts of laxative plant drugs including aloin.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the box labels and in the accompanying circular, 
regarding the curative and therapeutic effects of the said article, were false and 
fraudulent, since it contained no ingredient or combination of ingredients capable 
of producing the effects claimed:  (Circular) "Larkin Cold and Grippe Tablets
* * * are absolutely safe * * * They contain quinine hydrobromide 
which has all the * * * qualities of quinine without causing the undesir- 
able effect of ringing in the head;" (box) "Grippe Tablets * * * grippe 
and coughs * * * relief for * * * Grippe, Coughs * * * Aching 
Limbs;" (circular) "Grippe Tablets for Relief of * * * Grippe * * * 
start taking these tablets. They will * * * ward off or relieve an attack 
?of grippe within a few days. For relief * * * feverish conditions that 
usually accompany * * * grippe: they relieve the aching and soreness of 
the flesh ; * * * and have a beneficial effect upon the urinary tract. * * * 
and tend to relieve cough if any is present. * * * They tend to relieve sour 
stomach and dyspepsia. * * * Benefit the Urinary Tract In * * * 
grippe conditions the urinary functions are usually disturbed, and there is a 
possibility of a resulting bad effect upon the urinary tract. Larkin Cold and 
Grippe Tablets * * * have beneficial * * * effect upon the urinary 
tract."
The charges recommended by this department were that the article was 
misbranded in violation of section 8, general paragraph of the act. in that 
the following statements from the circular, " Larkin Cold and Grippe Tablets
* *    *   are  absolutely  safe,    *    *    *   They  contain   quinine  hydrobromide
which has all the qualities of quinine without causing the undesirable effect of 
ringing in the head," were false and misleading, and that the remainder of 
the above-quoted statements were false and fraudulent.
On March 21. 1930, the Larkin Co.. of Illinois, having appeared as claimant 
for the property 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 $300. conditioned in part that it be relabeled 
under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.